Charles Kincaid, Individually and on Behalf of All Others Similarly Situated v. Betty Gibson, Individually and in Her Official Capacity as Vice President of Student Affairs of Kentucky State University

197 F.3d 828 (6th Cir. 1999)

Charles Kincaid, Individually and on Behalf of All Others Similarly Situated, et al., Plaintiffs-Appellants,
v.
Betty Gibson, Individually and in Her Official Capacity as Vice President of Student Affairs of Kentucky State University, et al., Defendants-Appellees.

No. 98-5385

United States Court of Appeals, Sixth Circuit

November 29, 1999

Prior report: 191 F.3d 719

Before Martin, Chief Judge; Merritt, Ryan, Boggs, Norris, Suhrheinrich, Siler, Batchelder, Daughtrey, Moore, Cole, Clay, and Gilman, 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 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."

2

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.

3

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as directed by the court.