Estate of Marguerite S. Millikin, Deceased; Quentinalexander, Executor, and Severance A. Millikintrust B Society National Bank, Formerlyameritrust Company, Trustee,petitioners-appellants, v. Commissioner of Internal Revenue, Respondent-appellee, 113 F.3d 564 (6th Cir. 1997)

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U.S. Court of Appeals for the Sixth Circuit - 113 F.3d 564 (6th Cir. 1997) May 2, 1997

Before: MARTIN, C.J.; MERRITT, KENNEDY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE and COLE, 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 are vacated, the mandate is stayed and the case is restored to the docket as a pending appeal.

It is further ORDERED that the parties may file supplemental briefs simultaneously not later than Friday, May 23, 1997. Reargument will be scheduled for Wednesday, June 11, 1997.

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