UNITED STATES of America, Plaintiff-Appellee, v. NEW ORLEANS PUBLIC SERVICE, INC., Defendant-Appellant

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(OPINION 1/23/84, 5 CIR., 1984, 723 F.2d 422)

Before GARZA, WILLIAMS and HIGGINBOTHAM, Circuit Judges. PER CURIAM:

Like a vampire in the night this case refuses to die. As our NOPSI III opinion was in the process of being released, the Supreme Court decided Donovan v. Lone Steer, Inc., — U.S. -, 104 S.Ct. 769, 78 L.Ed.2d 567 (1984). In Lone Steer the Labor Department served an administrative subpoena duces tecum on Lone Steer, Inc., a motel and restaurant. The subpoena required Lone Steer to bring payroll and sales records to a Labor…