JENKINS v. STATE OF MISSOURI, 96-3870 (8th Cir. 10-14-1997)

On its own motion, the Court en banc hereby vacates the order previously entered granting in part the State of Missouri's suggestion for rehearing en banc. The en banc setting of an oral argument for Wednesday, October 22, 1997, is also vacated.

This action is taken by the Court en banc in anticipation of the filing of a revised panel opinion, which opinion will be filed immediately after the entry of this order. The case is hereby remanded to the panel for that purpose.

Either side is free to file a petition for rehearing, with or without suggestion for rehearing en banc, directed to the revised panel opinion.

Judge Bowman, Judge Wollman, Judge Beam, Judge Loken, and Judge Morris Sheppard Arnold dissent.

All members of the Court reserve the right to file opinions explaining their votes in this matter.