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, 197 F.3d 828 (6th Cir. 1999)

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US Court of Appeals for the Sixth Circuit - 197 F.3d 828 (6th Cir. 1999) November 29, 1999

Prior report: 191 F.3d 719

Before Martin, Chief Judge; Merritt, Ryan, Boggs, Norris, Suhrheinrich, Siler, Batchelder, Daughtrey, Moore, Cole, Clay, and Gilman, Circuit Judges.


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:"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.