BIRCH, Circuit Judge:
No member of this panel nor other judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Fed.R.App.P. 11th Cir. Rule 35-5), the suggestion of rehearing en banc is DENIED. However, the original panel grants rehearing (although on grounds other than those urged by appellant), withdraws the previous panel opinion dated December 21, 2001, published at
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