Opinion
No. 86-1784.
Submitted September 14, 1987.
Decided October 14, 1987.
David Peterson, Kansas City, Mo., for appellant.
Bill Randall Williams, Kansas City, Mo., for appellees.
Appeal from the United States District Court for the Western District of Missouri; Joseph E. Stevens, Jr., Judge.
Before LAY, Chief Judge, HEANEY, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN and MAGILL, Circuit Judges, and BRIGHT, Senior Circuit Judge.
ORDER
The panel opinion filed April 23, 1987 is vacated. The judgment of the district court is affirmed by an evenly divided court, five judges voting to affirm and five judges voting to reverse. Judge Bright dissents for the reasons expressed in the panel opinion, Maynard v. Sayles, 817 F.2d 50 (8th Cir. 1987), joined by Chief Judge Lay and Judges Heaney, McMillian and Arnold.