Filed: Feb. 20, 1990
Latest Update: Feb. 22, 2020
Summary: 896 F.2d 1457 Paul KORDENBROCK, Petitioner-Appellant, v. Gene SCROGGY, Warden, Kentucky State Prison, Respondent-Appellee. Nos. 88-5467, 89-5107. United States Court of Appeals, Sixth Circuit. Feb. 20, 1990. Prior report: 889 F.2d 69 . Before MERRITT, Chief Judge, and KEITH, 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 ban
Summary: 896 F.2d 1457 Paul KORDENBROCK, Petitioner-Appellant, v. Gene SCROGGY, Warden, Kentucky State Prison, Respondent-Appellee. Nos. 88-5467, 89-5107. United States Court of Appeals, Sixth Circuit. Feb. 20, 1990. Prior report: 889 F.2d 69 . Before MERRITT, Chief Judge, and KEITH, 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..
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896 F.2d 1457
Paul KORDENBROCK, Petitioner-Appellant,
v.
Gene SCROGGY, Warden, Kentucky State Prison, Respondent-Appellee.
Nos. 88-5467, 89-5107.
United States Court of Appeals,
Sixth Circuit.
Feb. 20, 1990.
Prior report: 889 F.2d 69.
Before MERRITT, Chief Judge, and KEITH, 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.