Court of Appeals for the Fifth Circuit November 5, 1981, 80-1300 (Brunson D. Moore v. El Paso County, Texas, T. Udell Moore, Etc.)

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby denied. Appellant argues, for the first time in his petition for rehearing, that this court should adopt the functional view that when the initial federal action .