
    Earl Jason LARISCEY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.
    No. 90-5129.
    United States Court of Appeals, Federal Circuit.
    Dec. 28, 1992.
    Rehearing Denied March 3, 1993.
    John S. Moot, Washington, DC, argued, for plaintiff-appellant, on the brief on Rehearing In Banc. Also on the brief, for plaintiff-appellant were Buel White and Lewis B. Gardner.
    Edward H. Rice, Dept, of Justice, argued, for defendant-appellee, on the brief on Rehearing In Banc, with him on the brief, were Stuart M. Gerson, and Vito J. DiPietro. Also on the brief, for defendant-appellee was Chun-I Chiang. Of counsel, was John Fargo.
    Before NIES, Chief Judge, RICH, NEWMAN, ARCHER, MAYER, MICHEL, PLAGER, LOURIE, CLEVENGER, and RADER, Circuit Judges.
    
    
      
       Circuit Judge Schall took no part in the decision of this case.
    
   ORDER

PER CURIAM.

The judgment in the above appeal is affirmed by an equally divided court.  