
    In re ROBERT L. HELMS CONSTRUCTION AND DEVELOPMENT CO., INC., Debtor. UNSECURED CREDITORS’ COMMITTEE, OF ROBERT L. HELMS CONSTRUCTION & DEVELOPMENT CO., in the Capacity of a Member of the Unsecured Creditors’ Committee in the Case of Robert and Pauline Helms, Appellant, v. SOUTHMARK CORPORATION; Helms Sales Committee; Wade Ellis Trust; Helms Construction, Southmark Corporation; Helms Sales Committee; Wade Ellis Trust; Helms Construction, Appellees.
    No. 95-16781.
    United States Court of Appeals, Ninth Circuit.
    Aug. 20, 1997.
   HUG, Chief Judge.

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.  