Opinion
No. 83-1619.
Submitted September 13, 1984.
Decided December 10, 1984.
Appeal from United States District Court, Eastern District of Arkansas.
Before HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, and BOWMAN, Circuit Judges.
ORDER
This case has been heard by the Court en banc. Judges Ross, McMillian, John R. Gibson, and Bowman would affirm the panel opinion and reverse the District Court judgment. Judges Heaney, Bright, Arnold, and Fagg would reverse the panel opinion, 737 F.2d 758, and affirm the District Court judgment. Therefore the judgment of the District Court is affirmed by an equally divided Court.