Opinion
No. 85-5122.
September 29, 1986.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh; W. Earl Britt, District Judge.
The appellant's petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges RUSSELL, WIDENER, HALL, SPROUSE, CHAPMAN, WILKINSON and WILKINS voted to rehear the case in banc; and Judges WINTER, PHILLIPS, MURNAGHAN, and ERVIN voted against rehearing the case in banc. A majority of judges having voted to grant rehearing in banc,
IT IS ORDERED that rehearing in banc is granted.
IT IS FURTHER ORDERED that this case shall be calendered for argument at the December session of Court.