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MELO, J., dissenting opinion:

I dissent for the same reason stated in my ponencia dated Dec. 1, 1995 and my dissenting resolution dated March 29, 1996. I also dissent in the action of my colleagues not to refer the case to Court En Banc. Because of the peculiar circumstances of the voting herein brought about by the change in the membership of the Division, I believe that referring the case to the Court En Banc would be most appropriate so that the other members would be consulted and in order that those who had taken part in the previous deliberation thereof would not in effect be disenfranchised.