BY THE COURT:
A member of the Court in active service having requested a poll on the petition 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 hereafter to be fixed,
IT IS FURTHER ORDERED that this cause shall be consolidated for purposes of briefing and argument with No. 98-40955...
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