E. GRADY JOLLY, Circuit Judge:
No member of this panel nor judge in regular active service on the court having requested that the court be polled on Rehearing En Banc, (FED. R.APP. P. and 5th CIR. R. 35) the Petition for Rehearing En Banc is DENIED.
IT IS ORDERED that the Petition for Panel Rehearing is GRANTED. The opinion of the court issued on January 21, 2005, at
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