James P. Free, Jr., Petitioner-Appellee/cross-Appellant v. Howard A. Peters, Iii, Respondents-Appellants/cross-Appellees

ON PETITION FOR REHEARING EN BANC

On January 18, 1994, petitioner-appel-lee/eross-appellant filed a petition for rehearing with a suggestion of rehearing en banc. The panel majority voted to deny rehearing, Judge Cudahy dissenting. A vote of the active members of the Court was requested on the suggestion of rehearing en banc, and a majority has voted to deny a rehearing en banc.* The petition is therefore Denied.**

Judges Cudahy, Ripple, and Rovner voted to grant the petition for rehearing en banc. A dissent from the denial of rehearing en banc follows.

Judge Flaum did not participate in the…