Summary
affirming district court, without opinion, by a tie vote
Summary of this case from Kawitt v. U.S.Opinion
No. 83-1842.
October 4, 1984.
Appeal from the United States District Court for the Central District of Illinois, Peoria Division, Michael M. Mihm, Judge.
Before CUMMINGS, Chief Judge, and BAUER, WOOD, CUDAHY, ESCHBACH, POSNER, COFFEY and FLAUM, Circuit Judges.
ORDER
On June 25, 1984, this Court ordered that the panel judgment and opinion reported in 729 F.2d 1120 be vacated and that the case be reheard en banc. After rehearing this case en banc today, by equally divided vote this Court affirms the judgment of the district court dismissing the action for lack of subject matter jurisdiction under Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152.