Charles Moreno, Plaintiff-Appellant/cross-Appellee v. Consolidated Rail Corporation, a Foreign Corporation, Defendant-Appellee/cross-Appellant ( 1995 )

70 F.3d 433

Charles MORENO, Plaintiff-Appellant/Cross-Appellee,
v.
CONSOLIDATED RAIL CORPORATION, a Foreign Corporation,
Defendant-Appellee/Cross-Appellant.

Nos. 94-1231, 94-1247.

United States Court of Appeals,
Sixth Circuit.

Nov. 17, 1995.

Prior report: 63 F.3d 1404.

Before MERRITT, Chief Judge; KENNEDY, MARTIN, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, and MOORE, Circuit Judges.

ORDER

1

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:

2

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.

3

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.

4

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