
    David E. MOORE, an individual, Plaintiff-Appellee, v. SUN BANK OF NORTH FLORIDA, N.A., a Florida Corporation, Defendant-Appellant.
    No. 88-4018.
    United States Court of Appeals, Eleventh Circuit.
    Jan. 31, 1992.
    Susan G. Sparks, Smith, Currie & Hancock, J. Thomas Kilpatrick, Atlanta, Ga., for defendant-appellant.
    Miriam R. Eisenstein, U.S. Dept, of Justice, Washington, D.C., for amicus curiae.
    S. Grier Wells, Brant, Moore, Sapp, MacDonald & Wells, P.A., W. Scott Cole, Jacksonville, Fla., for plaintiff-appellee.
    M. David Gelfand, Appellate Advocacy Program, Tulane Law School, Terry E. All-britton, New Orleans, La., for amicus curiae.
    
      
       Senior U.S. Circuit Judges James C. Hill and Thomas a Clark have elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
    
   ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

Before TJOFLAT, Chief Judge, FAY, HATCHETT, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges.

BY THE COURT:

A member of this court m active service having requested a poll on the application for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.  