Opinion
No. 93-6406.
Filed July 20, 1995.
Ralph K. Strawn, Jr., Gadsden, AL, and J. Fredrick Ingram, and F.A. Flowers, III, Burr Forman, Birmingham, AL, for appellant.
Mary AR. Stackhouse, Philip E. Miles, and William R. Willard, Jr., Gadsden, AL, for appellee.
Appeal from the United States District Court for the Northern District of Alabama (No. 91-PT-2829-M), Robert B. Propst, Judge.
Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC [2] (Opinion October 11, 1994, 11th Cir., 1994, 34 F.3d 1024)
A member of this court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.