Opinion
No. 96-6313.
June 11, 1999.
Before: MARTIN, Chief Judge; MERRITT, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.
ORDER
[2] A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 36(a) provides as follows:
"The effect of the granting of a hearing en banc shall he 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 are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as directed by the court.