Robert E. Rubin; Patricia Cohen, Plaintiffs-appellants, v. Schottenstein, Zox & Dunn; Richard A. Barnhart; Danny L.todd; Gregory A. Todd, Defendants-appellees, 120 F.3d 603 (6th Cir. 1997)

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US Court of Appeals for the Sixth Circuit - 120 F.3d 603 (6th Cir. 1997)

Decided July 7, 1997


BEFORE: MARTIN, Chief Judge; MERRITT, KENNEDY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE and COLE, Circuit Judges.


Prior report: 110 F.3d 1247.

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 appellant file a supplemental brief not later than Friday, August 22, 1997, and the appellee file a supplemental brief not later than Monday, September 22, 1997. The Clerk will schedule this case for argument as directed by the court.