Penny v. Kennedy

U.S. Court of Appeals for the Sixth Circuit August 3, 1988

Penny v. Kennedy, 862 F.2d 567 (6th Cir. 1988)

3 I.E.R. Cas. (BNA) 1706; 1988 U.S. App. LEXIS 17662; 48 Empl. Prac. Dec. (CCH) 38,508; 1988 WL 130656

Boggs, Engel, Guy, Jones, Keith, Kennedy, Krupansky, Lively, Martin, Merritt, Milburn, Nelson, Norris, Ryan, Wellford

Opinion of the Court

ORDER

Before ENGEL, Chief Judge, LIVELY, KEITH, MERRITT, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, Circuit Judges.

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 14 provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this Court, to stay the mandate and to restore the case on the docket as a pending appeal.

Accordingly, it is ORDERED that the previous decision and judgment of this Court is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as practicable.

Reference

Full Case Name: Roy PENNY v. Thomas KENNEDY, Commissioner of Fire and Police of the City of Chattanooga, Tennessee
Cited By: 1 case
Status: Published