Russell Aiken v. The City of Memphis

9 F.3d 477, 1994 U.S. App. LEXIS 1700

Opinion

9 F.3d 477

Russell AIKEN, et al., Plaintiffs-Appellants,
v.
The CITY OF MEMPHIS, et al., Defendants-Appellees.

Nos. 92-6154, 92-6159.

United States Court of Appeals,
Sixth Circuit.

Feb. 3, 1994.

Before: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.

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 14 provides as follows:

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 soon as possible.