¶1Before: MERRITT, Chief Judge; KEITH, KENNEDY, BOYCE F. MARTIN, NATHANIEL R. JONES, MILBURN, RALPH B. GUY, DAVID A. NELSON, RYAN, BOGGS, ALAN E. NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.
¶2ORDER
¶3A majority of the Judges of this Court in regular active service have voted for rehearing of this ease 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.
¶4Accordingly, 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.
¶5The Clerk will direct the parties to file supplemental briefs and will schedule this ease for oral argument as soon as possible.