*4 BROWN, Chief Judge, Before
THORNBERRY, COLEMAN, GOLDBERG,
AINSWORTH, GODBOLD, MORGAN, GEE,
CLARK, RONEY, TJOFLAT, HILL FAY, Judges. Circuit
BY THE COURT:
A member of the Court in active service
having requested on poll a the application rehearing en banc a majority of the
judges in active service having voted in
favor granting rehearing banc, en the cause shall be
IT ORDERED IS en banc on briefs
reheard the Court *5 argument. oral Clerk shall
without briefing filing schedule
set a briefs.
supplemental America,
UNITED STATES
Plaintiff-Appellee, Joseph IVEY and
Johnnie William
Taglione, Defendants-Appellants.
No. 76-1205.
United States Court of Appeals,
Fifth Circuit. 28, 1977.
Jan.
Rehearing April Denied F.2d 243.
See 550 Contrary government’s Cir., Khoury, contention in States v. brief, supplemental today. opinion recent supports we have taken the action