William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of Maryland

On Petition for Rehearing and Rehearing En Banc

PER CURIAM:

The Petition for Rehearing is denied and the Court having been polled at the request of one of the members of the *799Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is also denied.

COLEMAN and SIMPSON, Circuit Judges, dissent from the denial of rehearing en banc.