PUBLISH IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________________ FILED U.S. COURT OF APPEALS No. 97-6910 ELEVENTH CIRCUIT ________________________________ 07/06/99 THOMAS K. KAHN CLERK D.C. Docket No. 97-P-1300-S

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

PEMCO AEROPLEX, INC., a subsidiary of Precision Standard Company, a corporation,

Defendant-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Northern District of Alabama _________________________________________________________________

(Opinion February 8 , 1999, 166 F.3d 1311, 11th Cir., 1999)

(July 6, 1999)

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, 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 banc, 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 cause shall be reheard by this court

en banc. The previous panel's opinion is hereby VACATED.

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