Moreno v. Consolidated Rail Corp.

Decision Date17 November 1995
Docket NumberNos. 94-1231,94-1247,s. 94-1231
Citation70 F.3d 433
PartiesCharles MORENO, Plaintiff-Appellant/Cross-Appellee, v. CONSOLIDATED RAIL CORPORATION, a Foreign Corporation, Defendant-Appellee/Cross-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

Prior report: 63 F.3d 1404.

Before MERRITT, Chief Judge; KENNEDY, MARTIN, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, and MOORE, Circuit Judges.

ORDER

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:

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.

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.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

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3 cases
  • Tyler v. City of Manhattan, 94-3344
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • 8 d2 Julho d2 1997
    ...limited applicability." Moreno v. Consolidated Rail Corp., 63 F.3d 1404, 1417 (6th Cir.), reh'g en banc granted, opinion vacated, 70 F.3d 433 (6th Cir.1995). 16 Although the First Circuit reversed the district court's award of damages in Hurry, it did so not because compensatory damages for......
  • Moreno v. Consolidated Rail Corp.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 4 d1 Novembro d1 1996
    ...of the active judges of this court then voted to rehear the case en banc, thereby vacating the action taken by the panel. See 70 F.3d 433 (6th Cir.1995). The case has now been briefed and argued before the full court, and the matter is ready for our Section 504 of the Rehabilitation Act pro......
  • Ubinas-Brache v. Dallas County Medical
    • United States
    • Texas Court of Appeals
    • 5 d2 Agosto d2 2008
    ... ... See Dickey v. Club Corp., 12 S.W.3d 172, 175 (Tex. App.-Dallas 2000, pet. denied). When both sides ... ...

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