Full opinion text
PER CURIAM: The judgment of the district court is vacated, 785 F.Supp. 1469, and this case is remanded to the district court for reconsideration in light of Nipper v. Chiles, 1 F.3d 1171 (1993). VACATED AND REMANDED.
COX, Circuit Judge, dissenting: I dissent. In my view Nipper should be reconsidered. ORDER March 23, 1994. Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH and BLACK, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en bane, and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above causes shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.