No. 12-2074

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Feb 19, 2014 TODD R. ROCHOW AND JOHN ROCHOW, ) DEBORAH S. HUNT, Clerk PERSONAL REPRESENTATIVES OF THE ESTATE ) OF DANIEL J. ROCHOW, ) ) Plaintiffs-Appellees, ) ) v. ) ORDER ) LIFE INSURANCE COMPANY OF NORTH AMERICA, ) ) Defendant-Appellant. ) )

BEFORE: BATCHELDER, Chief Judge; BOGGS, MOORE, COLE, CLAY, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, WHITE, STRANCH, and DONALD, 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 35(b) 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.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk