ON PETITION FOR REHEARING EN BANC
Before GARWOOD, SMITH and BARKSDALE, Circuit Judges. PER CURIAM:Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The court having been polled at the request of one of its members, and a majori*826ty of the judges who are in regular active service not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), the petition for rehearing en banc is DENIED.