UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
October 18, 1991
UNITED STATES OF AMERICA
GERALD KRESS, APPELLANT
Sloviter, Chief Judge; Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth, and Weis,*fn* Circuit Judges.
SUR PETITION FOR REHEARING
The petition for rehearing filed by appellant in this case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.