EN BANC
ON MOTION FOR REHEARING
PER CURIAM:
The motion for rehearing en banc initiated by a member of the Court in regular active service is denied, 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).
JOHN R. BROWN, Chief Judge (dissenting):
I dissent from the denial of the rehearing en banc.
Under...
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