Prior Opinion:
ORDER DENYING PETITION FOR REHEARING EN BANC.
The petition for rehearing and suggestion for rehearing en banc is hereby denied for failure of the majority of the circuit judges who are in regular active service to vote in favor of the request for rehearing en banc.
LAY, Chief Judge, with whom HEANEY, McMILLIAN and ARNOLD, Circuit Judges, join, dissenting.
We respectfully dissent...
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