*1 Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on the appellees' Suggestion of Hearing En Banc and a majority of the judges in this court in active service having voted in favor thereof,

IT IS ORDERED that the above cause shall be heard by this court sitting en banc.