Earl E. GRAHAM, as PR of Faye Dale Graham, deceased, Plaintiff-Appellee, v. R.J. REYNOLDS TOBACCO COMPANY, individually and as successor by merger to the Brown and Williamson Tobacco Corporation and The American Tobacco Company, Philip Morris USA, Inc., Defendants-Appellants, Lorillard Tobacco Company, et al., Defendants

BY THE COURT:

In an earlier order of this Court, we granted a petition for rehearing en bane in this case. After that order was issued, Chief Judge Carnes discovered that he may be recused and, in an abundance of caution to avoid any appearance of impropriety, .he has recused himself from any participation in the decision of this case.

This court’s earlier order granting rehearing en banc is therefore VACATED. As a majority of the judges of this Court in active service and eligible to hear it have voted in favor of granting rehearing en banc, it is ORDERED that this case will be reheard en banc. The panel’s opinion is VACATED.