On Petition for Rehearing En Banc
On consideration of the petition for rehearing with suggestion of rehearing en banc filed by the plaintiff-appellant and the answer of defendant-appellee, Judge Bauer and Judge Flaum, the two circuit judges on the original panel,* voted to deny rehearing and a majority of the judges in active service voted to deny rehearing en banc.
The petition for rehearing en banc is denied.
The third judge on the original panel, District Judge Frederick J. Kapala, did not participate in the petition for rehearing or the petition for rehearing en banc.