granting rehearing en banc, and noting that “the effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court.”
How later courts described this case
- granting rehearing en banc, and noting that “the effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court.”
Written by the judges who cited it.
The opinion
ORDER
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 appellants file a supplemental brief not later than Monday, August 14, 2000 and the appellees file a supplemental brief not later than Friday, September 15, 2000.
The Clerk will schedule this case for argument as directed by the court.