PER CURIAM:
Judges Nebeker, Mack, Ferren, Belson and Steadman join in Part I. Chief Judge Pryor and Judges Newman, Terry and Rogers dissent as to Part I. The court is unanimous as to Part II.
I
This case was argued before the division on January 4, 1984. Subsequently, this court sua sponte ordered the case reheard en banc and requested counsel, in supplemental memoranda and at oral argument, to address the question whether the holding in Frost...
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