Pursuant to Code § 17.1-402(D), the Court, on its own motion, has decided to hear this case en banc. Because the merits of the appeal have been addressed in the briefs previously filed with the Court, no further briefing is required. Each party shall submit ten additional copies of their previously-filed briefs. In addition, the appellant shall submit ten additional copies of the appendix previously filed. All additional copies should be submitted by May 16, 2008.
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