Kathy Stupak-Thrall v. United States of America

81 F.3d 651

Kathy STUPAK-THRALL, et al., Plaintiffs-Appellants,
v.
UNITED STATES of America, et al., Defendants-Appellees.

No. 94-1863.

United States Court of Appeals,
Sixth Circuit.

April 11, 1996.

Prior report: 70 F.3d 881.

Before: MERRITT, Chief Judge, and KENNEDY, MARTIN, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE and COLE, 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.