Opinion
No. 93-5608.
May 13, 1997.
Before: MARTIN, Chief Judge; KEITH, MERRITT, KENNEDY, JONES, WELLFORD, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE and COLE, Circuit Judges.
ORDER
In light of the United States Supreme Court's judgment of April 30, 1997, this case will be reheard 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, June 16, 1997, and the appellee file a supplemental brief not later than Wednesday, July 16, 1997. The Clerk will schedule this case for oral argument as directed by the court.