ON PETITION FOR REHEARING EN BANC OF THE EN BANC DECISION

No member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on the Petition for Rehearing of the En Banc decision (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for such Rehearing En Banc with oral argument is denied.

On rehearing of this case en banc the court stands evenly divided, therefore the judgment of affirmance is adhered to by operation of law.