SCHOTT, Chief Judge.
On November 7, 1988 the court dismissed this appeal on an ex parte motion of appellee. On the following day appellant filed a motion for a new trial and reinstatement of its appeal. The court has readily agreed to reconsider the dismissal because such dismissal on an ex parte motion was contrary to the policy of the court and was inadvertently granted. The matter has now been submitted to the court on rehearing on briefs by the parties.
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