No. 88-1293.United States Court of Appeals, Eighth Circuit.
October 24, 1990. Rehearing Denied January 10, 1991.
Appeal from the United States District Court for the Eastern District of Missouri; Edward L. Filippine, Chief Judge.
[1] ORDER Before LAY, Chief Judge, McMILLIAN, Circuit Judge, ROSS, Senior Judge, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges, En Banc.
[2] This case has been reheard en banc, and the judgment of the district court is affirmed by an equally divided court. Judges Arnold, Bowman, Wollman, Magill and Beam vote to affirm, and Chief Judge Lay, Senior Judge Ross, and Judges McMillian, Gibson and Fagg vote to reverse.