Treating the Petition for Rehearing En Bane as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and who are not disqualified not having voted in favor (Fed.R. App. P. and 5th Cir. R. 35), the *429petition for rehearing en banc is DENIED.