70 F. 3d 433 - Moreno v. Consolidated Rail Corporation
70 F3d 433 Moreno v. Consolidated Rail Corporation
70 F.3d 433
Charles MORENO, Plaintiff-Appellant/Cross-Appellee,
v.
CONSOLIDATED RAIL CORPORATION, a Foreign Corporation,
Defendant-Appellee/Cross-Appellant.
Nos. 94-1231, 94-1247.
United States Court of Appeals,
Sixth Circuit.
Nov. 17, 1995.
Prior report: 63 F.3d 1404.
Before MERRITT, Chief Judge; KENNEDY, MARTIN, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, and MOORE, Circuit Judges.
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 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.