Kenneth Wayne O'guinn, Petitioner-Appellee/cross-Appellant v. Michael Dutton, Respondent-Appellant/cross-Appellee, 42 F.3d 359

Kenneth Wayne O'guinn, Petitioner-Appellee/cross-Appellant v. Michael Dutton, Respondent-Appellant/cross-Appellee

42 F.3d 359 | 6th Cir. | 1995

Kenneth Wayne O'GUINN, Petitioner-Appellee/Cross-Appellant,
v.
Michael DUTTON, Respondent-Appellant/Cross-Appellee.

Nos. 93-5578, 93-5620.

United States Court of Appeals, Sixth Circuit.

March 10, 1995.

Before: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, 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 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 soon as possible.