204 F. 3d 680 - Rudolph Jones Jr v. City of Lakeland Tennessee

204 F3d 680 Rudolph Jones Jr v. City of Lakeland Tennessee

204 F.3d 680 (6th Cir. 2000)

RUDOLPH JONES, JR.; et. al., Plaintiffs-Appellants,
v.
CITY OF LAKELAND, TENNESSEE, a Tennessee Municipal Corporation, Defendant-Appellee.

No. 97-5917

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

July 29, 1999.

Before: MARTIN, Chief Judge; MERRITT, KRUPANSKY, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

ORDER

1

Prior Report: 175 F.3d 410.

2

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:

3

"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."

4

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.

5

It is further ORDERED that the appellant file a supplemental brief not later than Friday, September 3, 1999, and the appellee file a supplemental brief not later than Monday, October 4, 1999. Reargument is tentatively schedule for Wednesday, December 8, 1999.