[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 23, 2002 No. 01-11998 THOMAS K. KAHN CLERK

ANDREW J. WAGNER,

Plaintiff-Appellant, versus DAEWOO HEAVY INDUSTRIES AMERICA CORPORATION, JACK MOSLER, GEORGE VALENCIA, DAVID O'DELL, DONALD ADAMS, et al., Defendants-Appellees. -------------------------- Appeal from the United States District Court for the Northern District of Georgia -------------------------- (Opinion April 23, 2002, 289 F.3d. 1268, 11th Cir. 2002) (July 23, 2002)

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, 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

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. ____________________ *Senior U. S. Circuit Judge Emmett R. Cox has elected not to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).