Opinion · Court of Appeals for the Sixth Circuit

Kincaid v. Gibson

197 F.3d 828

Type
Opinion
Court
Court of Appeals for the Sixth Circuit
Jurisdiction
Federal
Date
1999-11-29
Topic
general

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: *829“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. The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as directed by the court.

Citator

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Cited by
2 opinions
KINCAID v. GIBSON,197 F.3d 828(6th Cir. 1999)
CHARLES KINCAID, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED, ET AL., PLAINTIFFS-APPELLANTS, v. BETTY GIBSON, INDIVIDUALLY
AND IN HER OFFICIAL CAPACITY AS VICE PRESIDENT OF STUDENT AFFAIRS OF
KENTUCKY STATE UNIVERSITY; ET AL., DEFENDANTS-APPELLEES.
No. 98-5385
United States Court of Appeals, Sixth Circuit.
November 29, 1999
Before: MARTIN, Chief Judge; MERRITT, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, 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 35(a) provides as follows:Page 829
"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."


[2] Accordingly, it isORDERED, 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.

[3] The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as directed by the court.Page 1170