Britton v. South Bend Community School Corp., 84-2841

• Decision Date: 12 February 1986
• Docket Number: No. 84-2841,84-2841
• Parties: 41 Fair Empl.Prac.Cas. 1104, 40 Empl. Prac. Dec. P 36,142, 30 Ed. Law Rep. 45 Elmer BRITTON, et al., Plaintiffs-Appellants, v. SOUTH BEND COMMUNITY SCHOOL CORPORATION, et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 105

783 F.2d 105

41 Fair Empl.Prac.Cas. 1104,

40 Empl. Prac. Dec. P 36,142, 30 Ed. Law Rep. 45

Elmer BRITTON, et al., Plaintiffs-Appellants, v. SOUTH BEND COMMUNITY SCHOOL CORPORATION, et al., Defendants-Appellees.

No. 84-2841.

United States Court of Appeals, Seventh Circuit.

Feb. 12, 1986.

Before CUMMINGS, Chief Judge, and BAUER, WOOD, CUDAHY, POSNER, COFFEY, FLAUM and EASTERBROOK, Circuit Judges.

ORDER

On consideration of the petition for rehearing and suggestion for rehearing en banc filed by counsel for the plaintiffs-appellants in the above-entitled cause, and the response therein filed by counsel for the defendants-appellees, a vote of the active members of the court having been requested, and a majority ^* of the judges in regular active service having voted to rehear this case en banc,

IT IS HEREBY ORDERED that the aforesaid petition for rehearing and suggestion for rehearing en banc be, and the same is, GRANTED.

IT IS FURTHER ORDERED that the panel opinion and judgment entered October 21, 1985 are hereby VACATED, and that this case will be reheard en banc at the convenience of the Court.

* The Honorable Kenneth F. Ripple, an active member of the Court did not participate in consideration of the petition for rehearing en banc.

The Honorable Thomas E. Fairchild was a member of the original panel, but he did not participate in the vote on suggestion for rehearing en banc.