Which is precisely what the three-judge panel did last August.
In late 1994 a three-judge panel heard the case; it announced its decision five months later.
The three-judge panel has not said when it would issue a ruling.
Each case is heard and decided by a three-judge panel.
A three-judge panel will decide whether to hear the appeal.
He will be the senior member of a three-judge panel.
The case was heard by a three-judge panel of the appeals court.
A three-judge panel voted 2 to 1 to order a trial on the issue.
The three-judge panel had not been expected to rule before the summer.
The case has been referred to a three-judge federal panel.