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UNITED STATES v. KIRK

No. 94-50472.

78 F.3d 160 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. William Joseph KIRK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 1996.

Attorney(s) appearing for the Case

E.G. Morris, Morris & Florey, Austin, TX, for Appellant.

Mark R. Stelmach, Richard L. Durbin, Jr., Asst. U.S. Attys., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for Appellee.

Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion November 7, 1995, 5 Cir., 1995, 70 F.3d 791)

BY THE COURT:

A member of the court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date...

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