U.S. Court of Appeals for the Sixth Circuit, 2003

Marchwinski v. Howard

U.S. Court of Appeals for the Sixth Circuit · Decided January 21, 2003 · Batchelder, Boggs, Clay, Cole, Daughtrey, Gibbons, Gilman, Martin, Moore, Rogers

319 F.3d 258; 2003 WL 202350 (Federal Reporter, Third Series)

Opinion of the Court

*259ORDER

A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 35(a) 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 sheet 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.

It is further ORDERED that the appellant and appellees file a supplemental brief not later than Monday, February 17, 2003.

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