Summary
vacating decision holding that the trial court's failure to submit question of materiality to jury was not plain error
Summary of this case from U.S. v. TandonOpinion
No. 95-6323
September 19, 1996.
Before: MERRITT, Chief Judge; KENNEDY, MARTIN, 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 appellant file a supplemental brief not later than Monday, October 21, 1996, and the appellee file a supplemental brief not later than Monday, December 23, 1996. Reargument will be scheduled for Wednesday, March 12, 1997.