Upon consideration by the panel that heard the appeal, it is
ORDERED that the said petition for rehearing is DENIED, Judge Winter dissenting.
It is further noted that a poll of the judges in regular active service having been taken on the suggestion for rehearing in banc and there being no majority in favor thereof, rehearing in banc is DENIED.
Circuit Judges OAKES, MESKILL, NEWMAN, and WINTER dissent from the denial of rehearing in banc, believing...
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