dissenting.
I dissented from the panel decision in Tavoulareas v. Piro, 759 F.2d 90 (1985). Since' the full court has voted to vacate the panel decision and hear this case en banc, I believe it inappropriate to comment further on the merits at this time.
Before ROBINSON, Chief Judge, and WRIGHT, TAMM, WALD, MIKVA, EDWARDS, GINSBURG, BORK, SCALIA and STARR, Circuit Judges.