ORDER
Appellees' petition for initial en banc hearing and the response thereto were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing, it is
ORDERED that the petition be denied. * Circuit Judges Rogers, Tatel, and Griffith would grant the petition.
* A statement by Circuit Judge Griffith, with whom Circuit Judges Rogers and Ta-tel join, dissenting from the denial of initial en banc hearing, is attached.