IN MATTER OF HARTLEY

The petition of appellee for rehearing en banc was granted, thereby vacating the panel opinion, and this case now has been reheard by the Court en banc. Judges John R. Gibson, Bowman, Wollman, Magill, and Beam vote to affirm the judgment of the District Court. Chief Judge Lay and Judges Henley, McMillian, Arnold, and Fagg vote to reverse that judgment. Accordingly, the judgment of the District Court is affirmed by an equally divided Court.