with whom COLEMAN, Chief Judge, and RONEY, Circuit Judge, join, special concurring statement:
The majority of the en banc court adopts parts I, II and III of the panel opinion found at 596 F.2d 1249. As to the order dealing with communications by named parties and their counsel with any actual or potential class member not a formal party, I adopt parts I and II of Judge Godbold’s original opinion, concurring in part and dissenting in part from the panel majority. 596 F.2d at 1262. In my opinion the order was “inappropriate” under Rule 23 and an abuse of discretion in this case. So concluding, I would not reach the constitutional issues.