ORDER
The order denying rehearing filed July 5, 2001 and the dissent are designated for publication.
ORDER
A sua sponte call for en banc was made by a member of the Court.
The full court was advised of the call on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35(b).
The brief filed by respondent urging en banc is denied and the petition for rehearing en banc is rejected.