*1 Before: COLE, Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS,

ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE,

WHITE, STRANCH, and DONALD, Circuit Judges.

_________________ ORDER _________________ A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) 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 this case is restored to the docket as a pending appeal.

ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk