In Re Grand Jury Proceedings. Appeal of David Morganstern and Fred Morganstern , 760 F.2d 670 ( 1985 )


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  • 760 F.2d 670

    In re GRAND JURY PROCEEDINGS.
    Appeal of David MORGANSTERN and Fred Morganstern.

    No. 84-5235.

    United States Court of Appeals,
    Sixth Circuit.

    Feb. 6, 1985.

    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 as a pending appeal.

    3

    Accordingly, it is ORDERED that the previous decision and judgment of this Court, 747 F.2d 1098, 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 practicable.