Ozark Air Lines, Inc. v. The Air Line Pilots Ass'n, Int'l, 761 F.2d 1259 (8th Cir. 1985). · Go Syfert
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Ozark Air Lines, Inc. v. The Air Line Pilots Ass'n, Int'l, 761 F.2d 1259 (8th Cir. 1985). Cases Citing This Book View Copy Cite
185 citation events (9 in the last 25 years) across 9 distinct courts.
Strongest positive: Ahmed v. Atty Gen USA (ca3, 2003-08-20) · Strongest negative: Raynaud Castillo-Bendana v. U.S. Immigration and Naturalization Service (ca9, 1992-08-20)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Called into doubt Raynaud Castillo-Bendana v. U.S. Immigration and Naturalization Service (3×) also: Cited "see"
9th Cir. · 1992 · confidence medium
See Turcios v. INS, 821 F.2d 1396, 1402 (9th Cir.1987) (persecution found where applicant was confined, tortured, watched continuously, and felt compelled to restrict activities although not arrested and permitted to leave country); Saballo-Cortez, 761 F.2d at 1264 (fact that applicant was never detained and permitted to leave country cast doubt on claim of well-founded fear of persecution). 29 The beating suffered by Castillo-Bendana's sister was an act of violence, and we are willing to assume for the purposes of this disposition that the vandalism of her home could also be so considered.
discussed Cited as authority (rule) Ahmed v. Atty Gen USA
3rd Cir. · 2003 · confidence medium
See, e.g., Sharif v. INS, 87 F.3d 932, 935 (7th Cir. 1996) (finding that economic hardship did not amount to persecution where alien lost one job but found another); Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir. 1985) (holding that denial of food discounts and work permit for more desirable type of employment was not persecution).
discussed Cited as authority (rule) Omar F. Ahmed v. John Ashcroft, Attorney General of the United States of America
3rd Cir. · 2003 · confidence medium
See, e.g., Sharif v. INS, 87 F.3d 932, 935 (7th Cir.1996) (finding that economic hardship did not amount to persecution where alien lost one job but found another); Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984) (holding that denial of food discounts and work permit for more desirable type of employment was not persecution).
discussed Cited as authority (rule) Ahmed v. Atty Gen USA
3rd Cir. · 2003 · confidence medium
See, e.g., Sharif v. INS, 87 F.3d 932, 935 (7th Cir. 1996) (finding that economic hardship did not amount to persecution where alien lost one job but found another); Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir. 1985) (holding that denial of food discounts and work permit for more desirable type of employment was not persecution).
cited Cited as authority (rule) Gill v. Immigration & Naturalization Service
9th Cir. · 2001 · confidence medium
See Singh-Kaur v. INS, 183 F.3d 1147, 1152 (9th Cir.1999); Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992); Saballo-Cortez v. INS, 761 F.2d 1259, 1263-64 (9th Cir.1985).
discussed Cited as authority (rule) Nigist Shoafera v. Immigration and Naturalization Service
9th Cir. · 2000 · confidence medium
However, it is well established that “deference must be given ‘to the immigration judge’s express and implied determination concerning credibility where the record supports this finding.’ ” Diaz-Escobar, 782 F.2d at 1492 , quoting Saballo-Cortez v. INS, 761 F.2d 1259, 1266 (9th Cir.1984).
examined Cited as authority (rule) Gilberto Sebastian-Sebastian v. Immigration and Naturalization Service (10×) also: Cited "see"
9th Cir. · 1999 · confidence medium
Saballo-Cortez v. I.N.S., 761 F.2d 1259, 1262 (9th Cir.1985).
cited Cited as authority (rule) Morales-Canales v. INS
4th Cir. · 1998 · confidence medium
See Figeroa, 886 F.2d at 78 (citing Turcios v. INS, 821 F.2d 1396, 1399 (9th Cir. 1987); Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir. 1985)).
cited Cited as authority (rule) George S. Girgis Samia Fargalla Diana Girgis Sarah Girgis v. Immigration and Naturalization Service
9th Cir. · 1997 · confidence medium
This discrimination does not rise to the level of "persecution." See Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985).
examined Cited as authority (rule) Mejia-Paiz v. Immigration & Naturalization Service (4×) also: Cited "see"
9th Cir. · 1997 · confidence medium
As a consequence, the petitioner bears the burden of persuading the IJ that his evidence is credible, Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1985), and the IJ is entitled to evaluate assertions of past persecution in light of the strength or weakness of such other evidence as the petitioner may present. 1 Petitioner contends, to the contrary, that the absence of evidence contradicting his assertions should lead to a grant of asylum, noting that “the government did not show any lack of credibility.” In support of his argument, petitioner relies on this court’s decision in McM…
examined Cited as authority (rule) 47 Fed. R. Evid. Serv. 8, 97 Cal. Daily Op. Serv. 2815, 97 Daily Journal D.A.R. 4956 Leonel Antonio Mejia-Paiz v. Immigration and Naturalization Service (4×) also: Cited "see"
9th Cir. · 1997 · confidence medium
As a consequence, the petitioner bears the burden of persuading the IJ that his evidence is credible, Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1985), and the IJ is entitled to evaluate assertions of past persecution in light of the strength or weakness of such other evidence as the petitioner may present. 1 9 Petitioner contends, to the contrary, that the absence of evidence contradicting his assertions should lead to a grant of asylum, noting that "the government did not show any lack of credibility." In support of his argument, petitioner relies on this court's decision in McMulle…
cited Cited as authority (rule) Horacio Jose Centeno-Sanchez v. Immigration and Naturalization Service
9th Cir. · 1997 · confidence medium
See Cuadras v. INS, 910 F.2d 567, 571 (9th Cir.1990); Saballo-Cortez v. INS, 761 F.2d 1259, 1265 (9th Cir.1984).
discussed Cited as authority (rule) Marlon Hernaldo Dominguez-Castillo v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
See Prasad, 47 F.3d at 339 ; Saballo-Cortez v. INS, 761 F.2d 1259, 1264-65 (9th Cir.1985). 19 Finally, the BIA took note of the citation ordering Dominguez-Castillo to appear to answer to an accusation.
cited Cited as authority (rule) Ioan Butnar and Elisabeta Butnar v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1266 (9th Cir.1985).
cited Cited as authority (rule) Abraham Heriberto Gonzalez-Alvarado v. Immigration & Naturalization Service
9th Cir. · 1996 · confidence medium
Saballo-Cortez v. I.N.S., 761 F.2d 1259, 1264 (9th Cir.1985).
discussed Cited as authority (rule) Josefa Ana Osorio-Delgado Orlando Jose Baltodano-Osorio v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
See id.; see also Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995) (holding that brief detention does not necessarily establish persecution); Cuadras v. INS, 910 F.2d 571, 567 (9th Cir.1990) (holding that asylum claim was undercut by family's continued safety); Saballo-Cortez v. INS, 761 F.2d 1259, 1264-65 (9th Cir.1985) (holding that petitioner's ability to obtain visa and leave the country without difficulty undercut claim of persecution). 6 In addition, because the standard for withholding of deportation is higher than the standard for a grant of asylum and because Osorio-Delgado has failed t…
cited Cited as authority (rule) Ana Hortencia Salazar-Obando v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985).
discussed Cited as authority (rule) Carlos Alberto Obando-Rocha v. Immigration and Naturalization Service
9th Cir. · 1996 · signal: cf. · confidence medium
Cf. Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984) (concluding that "[t]he fact that [Saballo-Cortez] was denied [by the Sandinistas] such perquisites as discounts on food and a special work permit for some other type of employment does not establish persecution").
cited Cited as authority (rule) Roberto J. Aguilar-Salazar v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam); Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985).
discussed Cited as authority (rule) Armando Fuentes-Sandoval v. Immigration and Naturalization Service (2×)
9th Cir. · 1996 · confidence medium
Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992); Turcios v. INS, 821 F.2d 1396, 1399 (9th Cir.1987) (citing Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1985)).
cited Cited as authority (rule) Roger Balmaceda-Gutierrez v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Berroteran-Melendez, 955 F.2d 1251, 1257 (9th Cir.1992); Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984).
cited Cited as authority (rule) Domingo Abad Calero-Gaitan v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985). 6 Nor does Calero-Gaitan's personal history with the Sandinistas support his claim of a well-founded fear of persecution.
discussed Cited as authority (rule) Pablo Emilio Aguirre-Castillo Nora Isabel Aguirre Pablo Emilio Aguirre Yaveska Del Soccoro Aguirre Nora Isabel Aguirre-Morales v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984) (citing Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982), for the proposition that asylum relief depends on something more than generalized economic disadvantage at the destination). 4 Aguirre's claims regarding graffiti-vandalism do not raise his claims to the level necessary to warrant relief on the basis of past persecution alone.
discussed Cited as authority (rule) Noha Filomena Molinares, Baez De Carlos Alfonso Molinares-Mairena Martha Noha Molinares-Baes v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984) (citing Raass v. INS, 692 F.2d 596, 596 (9th Cir.1982), for the proposition that asylum relief depends on something more than generalized economic disadvantage at the destination); Ubau-Marenco v. INS, 67 F.3d 750 , 755 (9th Cir.1995) (seizure of family property did not constitute persecution where petitioner's family continued to operate profitable business). 4 Molinares' claims regarding graffiti-vandalism do not raise her claims to the level necessary to warrant relief on the basis of past persecution alone.
cited Cited as authority (rule) Gheorhge Balaesh Elena Balaesh Delia Daniela Balaesh George Victor Balaesh v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
Cf. Rodriguez-Rivera v. INS, 848 F.2d 998, 1006 (9th Cir.1988); Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985).
discussed Cited as authority (rule) Michael Nosakhare Omoregbee v. Immigration and Naturalization Service (2×)
9th Cir. · 1995 · confidence medium
"We must defer to an immigration judge's express and implied findings that the alien's testimony is not credible if the record supports such findings." Saballo-Cortez v. INS, 761 F.2d 1259, 1266 (9th Cir.1985) (emphasis added).
discussed Cited as authority (rule) Raj Kumar Sandhi v. Immigration and Naturalization Services
9th Cir. · 1995 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir. 1985); Berroteran-Melendez v. INS, 955 F.2d 1251, 1258 (9th Cir. 1992) ("Because the BIA expressly adopted the IJ's finding that Berroteran-Melendez's testimony lacked credibility, there is no basis for the claim of past persecution.") 18 Because substantial evidence supports the IJ's findings on credibility, we need not consider petitioner's other claims. 19 Affirmed. * Honorable A. Wallace Tashima, United States District Judge for the Central District of California, sitting by designation ** This disposition is not appropriate for publicat…
cited Cited as authority (rule) Sasan Sheikhvand v. Immigration & Naturalization Service
9th Cir. · 1995 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1266 (9th Cir.1984).
discussed Cited as authority (rule) Argentina Del Socorro Raudez-Hurtada v. Immigration and Naturalization Service (2×)
9th Cir. · 1994 · confidence medium
The BIA carefully applied our decision in Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985), in reaching its conclusion that the economic discrimination Ms. Raudez-Hurtada suffered was not so severe as to amount to persecution.
discussed Cited as authority (rule) Asadollah Daylami, Mariam Ashouri, Rousbeh Daylami, Ronak Daylami v. Immigration & Naturalization Service
9th Cir. · 1994 · signal: cf. · confidence medium
Cf. Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985) (explaining that Saballo-Cortez's asylum claim was undercut by the fact that "[i]n spite of [his] stubborn defiance and repeated resistance to participation in his country's compulsory service requirements, he was permitted to work until the day he left without arrest or harm"). 9 Daylami maintains that after he and his family returned from a two month trip to the United States, he and his wife experienced increased hostility at work and increased government surveillance.
discussed Cited as authority (rule) In-Long Lee v. Immigration & Naturalization Service
9th Cir. · 1994 · confidence medium
However, based on inconsistencies in his testimony, the IJ found Lee was not a credible witness. 10 We review the IJ's credibility finding for substantial evidence, Vilorio-Lopez v. INS, 852 F.2d 1137 (9th Cir.1988) (citing Turcios v. INS, 821 F.2d 1396, 1399 (9th Cir.1987)); Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1984), and grant such credibility findings substantial deference.
discussed Cited as authority (rule) Zbigniew Iwan v. United States Immigration and Naturalization Service
9th Cir. · 1993 · confidence medium
Compare Desir, 840 F.2d at 727 (petitioner's ability to earn livelihood severely impaired by threats of violence, eventually resulting in petitioner moving to different county); with Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985) (denial of discounts on food and special work permit not sufficient to establish persecution).
discussed Cited as authority (rule) Dariusz Kaminski v. United States Immigration and Naturalization Service
9th Cir. · 1993 · confidence medium
Compare Desir, 840 F.2d at 727 (petitioner's ability to earn livelihood severely impaired by threats of violence, eventually resulting in petitioner moving to different county); with Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985) (denial of discounts on food and special work permit not sufficient to establish persecution).
discussed Cited as authority (rule) Chand Kumari v. Immigration and Naturalization Service (2×)
9th Cir. · 1992 · confidence medium
In Saballo-Cortez v. INS, 761 F.2d 1259, 1266 (9th Cir.1985) we held that "we must defer to an immigration judge's express and implied findings that the alien's testimony is not credible if the record supports such findings." Saballo-Cortez v. INS, 761 F.2d 1259, 1266 (9th Cir.1985).
discussed Cited as authority (rule) Nadarajah Thavarajah v. U.S. Immigration and Naturalization Service
9th Cir. · 1992 · confidence medium
As such, the BIA's determination that Thavarajah was not credible is "substantially reasonable." De Valle, 901 F.2d at 792 ; see Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992) (upholding adverse credibility determination partly on basis of discrepancies between application for asylum and testimony); Saballo-Cortez v. INS, 761 F.2d 1259, 1263-64 (9th Cir.1985) (same). 10 Thavarajah argues that the IJ's finding that he was credible is entitled to great weight.
discussed Cited as authority (rule) United States v. Passos-Paternina
1st Cir. · 1990 · confidence medium
See United States v. Drougas, 748 F.2d 8, 30-31 (1st Cir.1984); United States v. Gallagher, 620 F.2d 797, 801 (10th Cir.), cert. denied, 449 U.S. 878 , 101 S.Ct. 224 , 66 L.Ed.2d 100 (1980); United States v. Bryant, 563 F.2d 1227, 1230 (5th Cir.1977), cert. denied, 435 U.S. 972 , 98 S.Ct. 1616 , 56 L.Ed.2d 65 (1978); United States v. Johnson, 761 F.2d 1259, 1273 (8th Cir.1985).
cited Cited as authority (rule) Rafael Figeroa, A/K/A Rafael Najarro-Morales v. U.S. Immigration & Naturalization Service
4th Cir. · 1989 · confidence medium
Turcios v. INS, 821 F.2d 1396, 1399 (9th Cir.1987); Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1985).
discussed Cited as authority (rule) Mercedes Vilorio-Lopez v. Immigration and Naturalization Service (2×)
9th Cir. · 1988 · confidence medium
Turcios, 821 F.2d at 1399 ; Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1984).
examined Cited as authority (rule) Hugo Turcios v. Immigration & Naturalization Service (3×) also: Cited "see"
9th Cir. · 1987 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1985); see also Zavala-Bonilla v. INS, 730 F.2d 562, 566 (9th Cir.1984).
cited Cited as authority (rule) Carlos Ovidio Platero-Cortez v. Immigration and Naturalization Service
9th Cir. · 1986 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.); Bolanos-Hernandez, 767 F.2d at 1282 n. 8.
examined Cited as authority (rule) Santos Carlos Martinez-Sanchez v. Immigration and Naturalization Service (4×) also: Cited "see"
9th Cir. · 1986 · confidence medium
Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1984).
discussed Cited as authority (rule) Efrain Antonio Rebollo-Jovel v. Immigration and Naturalization Service (2×)
9th Cir. · 1986 · confidence medium
Compare Vides-Vides v. INS, 783 F.2d 1463, 1468-69 (9th Cir.1986) (Vides-Vides); Quintanilla-Ticas v. INS, 783 F.2d 955, 957 (9th Cir.1986) (Quintanilla-Ticas); Chatila v. INS, 770 F.2d 786, 790 (9th Cir.1985) (Chatila); Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1984) (Saballo-Cortez), with Cardoza-Fonseca v. INS, 767 F.2d 1448, 1450 , 1453-54 & n. 6 (9th Cir.1985) (Cardoza-Fonseca), cert. granted, --- U.S. ----, 106 S.Ct. 1181 , 89 L.Ed.2d 298 (1986).
examined Cited as authority (rule) Reginaldo Diaz-Escobar v. Immigration and Naturalization Service (3×) also: Cited "see", Cited "see, e.g."
9th Cir. · 1986 · confidence medium
Although we give serious consideration to such testimony if unrefuted, credible, and indirectly corroborated, see Bolanos, 767 F.2d at 1283 & n. 11, deference must be given “to the immigration judge’s express and implied determination concerning credibility where the record supports this finding.” Saballo-Cortez v. INS, 761 F.2d 1259, 1266 (9th Cir.1984) (Saballo-Cortez) (emphasis added).
cited Cited as authority (rule) Salvador Del Valle v. Immigration and Naturalization Service
9th Cir. · 1985 · confidence medium
Bolanos-Hernandez , 749 F.2d at *1412 1320 n. 8; Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1984).
discussed Cited as authority (rule) Jose Garcia-Ramos v. Immigration and Naturalization Service
9th Cir. · 1985 · confidence medium
In all our recent cases, we have decided either that the evidence supports relief under both sections 243(h) and 208(a), see, e.g., Argueta, 759 F.2d at 1397-98 ; Bolanos-Hernan-dez, 767 F.2d at 1288 ; Zavala-Bonilla v. INS, 730 F.2d 562 , 563-64 nn. 1 & 2, 567 (9th Cir.1984), or that the evidence supports neither form of relief, see, e.g., Saballo-Cortez v. INS, 761 F.2d 1259, 1262 (9th Cir.1985); Espinoza-Martinez, 754 F.2d at 1540 ; Chavez v. INS, 723 F.2d 1431, 1433 (9th Cir.1984). 6 .
discussed Cited as authority (rule) Luz Marina Cardoza-Fonseca v. U.S. Immigration and Naturalization Service, Francisca Rosa Arguello-Salguera v. Immigration and Naturalization Service
9th Cir. · 1985 · signal: cf. · confidence medium
McMullen, 658 F.2d at 1318 (citing Universal Camera Corp. v. NLRB, 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951), for the proposition that evidence in support of the Board’s conclusion may be considered less persuasive if examiner who observed witness drew conclusions different than Board’s); cf. Saballo-Cortez v. INS, 761 F.2d 1259, 1266 (9th Cir.1985) (we defer to immigration judge’s negative credibility findings if supported by the record).
cited Cited "see" Korneitchouk v. Gonzales
2d Cir. · 2005 · signal: see · confidence high
See Saballo-Cortez v. I.N.S., 761 F.2d 1259, 1264 (9th Cir.1985); Raass v. I.N.S., 692 F.2d 596 , 596 (9th Cir.1982).
cited Cited "see" Singh v. Ashcroft
9th Cir. · 2004 · signal: see · confidence high
See Saballo-Cortez v. INS, 761 F.2d 1259,1266 (9th Cir.1984).
discussed Cited "see" Singh v. Ashcroft
9th Cir. · 2004 · signal: see · confidence high
See Saballa-Cortez v. INS, 761 F.2d 1259, 1264-65 (9th Cir.1985) (denying petition where adverse credibility finding was based on the reasonable inference that if petitioner were subject to official persecution because of his draft resistance, he would not have been given a passport); see also Ceballos-Castillo, 904 F.2d at 521.
discussed Cited "see" Hamoudi H. KHOURASSANY; Hashem H. Khourassany; Fetam Khourassany, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
9th Cir. · 2000 · signal: see · confidence high
See Saballo-Cortez. v. INS, 761 F.2d 1259, 1265 (9th Cir.1984); cf. Kovac v. INS, 407 F.2d 102, 107 (9th Cir.1969) (deliberate imposition of substantial economic disadvantage may indicate persecution).
Retrieving the full opinion text from the archive…
OZARK AIR LINES, INC., Appellant,
v.
the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Appellee
84-1055.
Court of Appeals for the Eighth Circuit.
May 21, 1985.
761 F.2d 1259
Donald J. Meyers, St. Louis, Mo., for appellant., Daniel Kozma, Washington, D.C., for ap-pellee.
Lay, Gibson, Hea-Ney, Bright, Ross, McMillian, Arnold, Fagg, Bowman.
Published

ORDER

On rehearing en banc, the judgment of the district court, 577 F.Supp. 487, upholding the arbitrator’s opinion, is affirmed by an equally divided vote. [1] Chief Judge Lay and Circuit Judges Floyd R. Gibson, Hea-ney, Bright, and Arnold vote to affirm. Circuit Judges Ross, McMillian, John R. Gibson, Fagg, and Bowman vote to reverse.

1

. The grant of the rehearing en banc serves to vacate the prior panel opinion published at 744 F.2d 1347 (1984).