Filed: Dec. 16, 1988
Latest Update: Feb. 22, 2020
Summary: 866 F.2d 824 Johnny Ray BAGBY, Petitioner-Appellant, v. Dewey SOWDERS, Respondent-Appellee. No. 87-5286. United States Court of Appeals, Sixth Circuit. Dec. 16, 1988. Prior report: 6th Cir., 853 F.2d 1340 . Before ENGEL, Chief Judge, and LIVELY, KEITH, MERRITT, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, 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 Circu
Summary: 866 F.2d 824 Johnny Ray BAGBY, Petitioner-Appellant, v. Dewey SOWDERS, Respondent-Appellee. No. 87-5286. United States Court of Appeals, Sixth Circuit. Dec. 16, 1988. Prior report: 6th Cir., 853 F.2d 1340 . Before ENGEL, Chief Judge, and LIVELY, KEITH, MERRITT, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, 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 Circui..
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866 F.2d 824
Johnny Ray BAGBY, Petitioner-Appellant,
v.
Dewey SOWDERS, Respondent-Appellee.
No. 87-5286.
United States Court of Appeals,
Sixth Circuit.
Dec. 16, 1988.
Prior report: 6th Cir., 853 F.2d 1340.
Before ENGEL, Chief Judge, and LIVELY, KEITH, MERRITT, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, 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.
