ORDER
PER CURIAM.
On consideration of appellant's petition for rehearing en banc, and the response thereto; and it appearing that the majority of the judges of this court has voted to grant the petition for rehearing en banc, it is
ORDERED that appellant's petition for rehearing en banc is granted, and the opinion and judgment of October 1, 2009, are hereby vacated. It is
FURTHER ORDERED that the Clerk shall schedule this matter for argument...
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