EMILIO M. GARZA, Circuit Judge:
The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service not having voted in favor (FED. R. APP. P. and 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED.
DENNIS, Circuit Judge, joined by WIENER, DeMOSS and PARKER, Circuit Judges, dissenting from the denial of the Petition for Rehearing En Banc:
Before the court is a panel...
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