A. Carl Helwig, on Behalf of Himself and All Others Similarly Situated, et al., Plaintiffs-appellants, v. Vencor, Inc., et al., Defendants-appellees, 222 F.3d 268 (6th Cir. 2000)

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US Court of Appeals for the Sixth Circuit - 222 F.3d 268 (6th Cir. 2000) July 14, 2000

Before: Martin, Chief Judge; Merritt, 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 in 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.

It is further ORDERED that the appellants file a supplemental brief not later than Monday, August 14, 2000 and the appellees file a supplemental brief not later than Friday, September 15, 2000.

The Clerk will schedule this case for argument as directed by the court.