United States of America, Appellant, v. Clarence Paul Roberts and Linwood Lee Lloyd, Appellees, 802 F.2d 682 (4th Cir. 1986)

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh; W. Earl Britt, District Judge.

Prior report, 793 F.2d 580.

The appellant's petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges RUSSELL, WIDENER, HALL, SPROUSE, CHAPMAN, WILKINSON and WILKINS voted to rehear the case in banc; and Judges WINTER, PHILLIPS, and MURNAGHAN and ERVIN voted against rehearing the case in banc. A majority of judges having voted to grant rehearing in banc,

IT IS ORDERED that rehearing in banc is granted.

IT IS FURTHER ORDERED that this case shall be calendared for argument at the December session of Court.

Note: For opinions of Circuit Judges Phillips and Murnaghan see 793 F.2d 580.