Opinion
No. 86-1481.
May 25, 1988.
Before ENGEL, Chief Judge, LIVELY, KEITH, MERRITT, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, Circuit Judges.
Circuit Judge Danny J. Boggs although present at oral argument en banc did not thereafter participate, having in the meantime recused himself.
ORDER
A rehearing en banc of the above-captioned appeal was ordered by the court on January 5, 1988. The result of this order was to vacate the previous opinion filed by the three-judge panel to which it had been assigned and to restore the case on the docket as a pending appeal. 6th Cir.R. 14(a). Oral argument was held before the court, sitting en banc, on March 30, 1988.
Upon consideration, IT IS ORDERED that the judgment of the district court is AFFIRMED by an equally divided court.