Opinion
No. 91-7406.
September 6, 1994.
Peyton Lacy, Thomas F. Campbell, Lange, Simpson, Robinson Somerville, Birmingham, AL, for appellant.
Marvin L. Stewart, Jr., Najjar, Denaburg, P.C., Birmingham, AL, for appellee.
Appeal from the United States District Court for the Northern District of Alabama (No. CV 90-983-S), William M. Acker, Jr., Judge.
Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.
Senior U.S. Circuit Judge John C. Godbold has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC [2] (Opinion August 17, 1992 11th Cir., 1992, 968 F.2d 1174)
A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor thereof,
IT IS ORDERED that the above cause shall be reheard by this court sitting en banc. The previous panel opinion is hereby VACATED.