
    David C. HERRON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-Appellee.
    No. 85-1192
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 11, 1985.
    
      James A. Rolfe, U.S. Atty., Charles N. Ory, Asst. U.S. Atty., Dallas, Tex., Ms. Gayla Fuller, Acting Reg. Atty., Office of Gen. Counsel, Dept, of Health & Human Service, Karen J. Behner, Atty., Dallas, Tex., for defendant-appellee.
    Before REAVLEY and TATE, Circuit Judges.
    
    
      
       Due to his absence from the country, Judge Hill did not participate in this decision. The case is being decided by a quorum. 28 U.S.C. § 46(d).
    
   OPINION

TATE, Circuit Judge.

A panel rehearing is GRANTED and we VACATE our unpublished decision of August 27, 1985 in the above-captioned case. The matter will be resubmitted to the panel upon the record and briefs previously filed and the supplementary briefs requested October 10, 1985.  