Opinion
No. 85-2950.
April 30, 1987.
Appeal from the United States District Court for the Eastern District of Wisconsin; John W. Reynolds, Judge.
Before WILLIAM J. BAUER, Chief Judge, CUMMINGS, WOOD, CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, and MANION, Circuit Judges, and SWYGERT, Senior Circuit Judge.
The Honorable Luther M. Swygert, Senior Circuit Judge, heard the arguments as a member of the original panel. He listened to the tapes of the en banc argument and voted afterward.
The Honorable Kenneth F. Ripple, Circuit Judge, did not participate at all in this appeal.
ORDER
On April 6, 1987, this Court ordered that the panel opinion reported at 807 F.2d 1339 (1986) be vacated and that the case be reheard en banc. After rehearing this case en banc, this Court, by an equally divided vote, affirms the judgment of the district court, 619 F. Supp. 792, granting the plaintiffs' request for a temporary injunction. The case is returned to the district court for any further proceedings deemed necessary.