IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________________ No. 00-11047 ________________________________ D.C. Docket No. 98-01719-CV-N-S

MAJOR SAXTON, JR., MARY SAXTON, Plaintiffs-Appellants, versus ACF INDUSTRIES, INC., Defendant-Appellee.

_________________________________________________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________________________________________________ (Opinion January 24, 2001, 239 F.3d . 1209, 11th Cir., 2001) (March 15, 2001)

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

BY THE COURT: A member of this court in active service having requested a poll on the suggestion of rehearing 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.