United States Court of Appeals
              For The District of Columbia Circuit
                                
                                
                                
No. 99-7073                                  September Term, 1999
                                                        95cv02360

Jimmy L. Duncan,
          Appellee

             v.

Washington Metropolitan Area Transit Authority,
          Appellant



                         BEFORE:        Edwards, Chief Judge; Silberman, Williams, Ginsburg,
                    Sentelle, Henderson, Randolph, Rogers, Tatel and Garland,
                    Circuit Judges



                            O R D E R

     Upon consideration of appellee's petition for rehearing en banc, the response
thereto, and the vote by a majority of the judges of the court in regular active service in
favor of the petition, it is

     ORDERED that the petition be granted.  This case will be reheard by the court
sitting en banc.  The judgment filed on January 28, 2000 is hereby  vacated.  It is

     FURTHER ORDERED that an order governing further proceedings will issue at
a later date.

                            Per Curiam


FOR THE COURT:
Mark J. Langer, Clerk


Filed March 31, 2000