Upon consideration of the request by an active judge of this Court for a poll as to whether the Court should sua sponte rehear this appeal in banc, the poll was deferred pending the decision of the Supreme Court on the petition for a writ of certiorari; the Supreme Court having granted the petition for a writ of certiorari, — U.S. -, 117 S.Ct. 36, 135 L.Ed.2d 1127 (1996), the request for a poll has been withdrawn.