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770 F2d 86 Mullen v. Secretary of Health and Human Services

770 F.2d 86

Luther D. MULLEN, Plaintiff-Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

No. 84-1455.

United States Court of Appeals,
Sixth Circuit.

Aug. 19, 1985.

Prior Report: 762 F.2d 509.

Before LIVELY, Chief Judge, and ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, JONES, CONTIE, KRUPANSKY, WELLFORD and MILBURN, Circuit Judges.

ORDER

1

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:

2

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 as a pending appeal.

3

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.

4

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as practicable.