Lynette Chapman, Plaintiff-appellant, v. the Higbee Company, Doing Business As Dillard Department Stores, Inc., Defendant-appellee

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT - 270 F.3d 297 (6th Cir. 2001)

October 17, 2001

BEFORE: MARTIN, Chief Judge; BOGGS, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

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ORDER

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A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 35(a) provides as follows:

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"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."

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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.

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The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as directed by the Court.