Full opinion text
(Opinion February 3, 1997, 5 Cir., 1997, 105 F.3d 984) Before POLITZ, Chief Judge, and KING, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges. BY THE COURT: A majority of judges in active service having determined, on the Court’s own motion, to rehear this case en bane, IT IS ORDERED that this cause shall be reheard by the court en banc without argument. The clerk will specify a briefing schedule for the filing of supplemental briefs.