Johnny Ray Bagby, Petitioner-appellant, v. Dewey Sowders, Respondent-appellee, 866 F.2d 824 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 866 F.2d 824 (6th Cir. 1988)

Dec. 16, 1988


Prior report: 6th Cir., 853 F.2d 1340.

Before ENGEL, Chief Judge, and LIVELY, KEITH, MERRITT, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, 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 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 practicable.