*3 KRAVITCH, Circuit Judge, dissenting:
I respectfully dissent from denial of
rehearing en banc. panel Since the opinion
issued, this court has granted rehearing en
banc in which involves an
issue identical to one presented in this case. petition for rehearing raises a
serious question concerning petitioner’s op-
portunity to proffer evidence at the district
court hearing, a factor crucial to the panel’s
holding. Brown,- Weaver, E. M.
Atlanta, Ga., for petitioners, cross-respon- dents. Givelber,
Professor Daniel J. Northeast- Law, ern University School of Professor Berman, Boston, Mass., respon- Donald dent, cross-petitioners. holding by-pass. Spencer, the same crucial evidence was not of deliberate
previously available, precluding thus