PUBLISH IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

No. 93-8474

WARREN PUBLISHING, INC., Plaintiff-Counter- Defendant-Appellee, versus MICRODOS DATA CORP.; ROBERT PAYNE, Defendants-Counter- Claimants-Appellants.

-------------------------- Appeal from the United States District Court for the Northern District of Georgia -------------------------- ON PETITION FOR REHEARING (Opinion May 23, 1995, llth Cir., l995, F.2d ) (October 5, 1995) Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.*

B Y T H E C O U R T : A member of this court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges of this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED. ___________________________________________________________________________ *Senior U.S. Circuit Judge John C. Godbold has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).