775 F.2d 603
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.
Carl Weisbrod, Dallas, Tex., for plaintiff-appellant.
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.
Appeal from the United States District Court for the Northern District of Texas, A. Joe Fish, District Judge, Presiding.
Before REAVLEY and TATE, Circuit Judges.*
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A panel rehearing is GRANTED and we VACATE our unpublished decision of August 27, 1985 in the above-captioned case.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.
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. Sec. 46(d)
