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453 F.3d 795

Pagan v. Fruchey

U.S. Courts of Appeals

Decided September 6, 2006

U.S. Courts of Appeals · decided 2006-09-06

Decided 2006-09-06

¶1ORDER

¶2A 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:

“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.”

¶3Accordingly, 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.

¶4The clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

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