ORDER

The Opinion filed October 12, 2004, slip op. 14491, is amended as follows:

1. At slip op. 14502, in the last sentence before sub-section C, change “RMC concedes that it has yet to pay any of the pre-1994 interest to either Caesar or TMC.” to “The parties agree in their joint statement of uncontroverted facts that RMC had accrued, but had not deducted, the unpaid interest on the notes for the periods prior to the sale of the note to TMC and did not pay these amounts prior to December 31, 1994.”

With this amendment, the panel has voted to deny the petition for rehearing. The petition for rehearing is DENIED.

No future petitions for panel or en banc rehearing will be entertained.