Stupak-Thrall v. U.S.

Decision Date11 April 1996
Docket NumberNo. 94-1863,STUPAK-THRALL,94-1863
Citation81 F.3d 651
PartiesKathy, et al., Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees.
CourtU.S. Court of Appeals — Sixth Circuit

Prior report: 70 F.3d 881.

Before: MERRITT, Chief Judge, and KENNEDY, MARTIN, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE and COLE, 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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6 cases
  • Stupak-Thrall v. U.S.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • July 23, 1996
    ...in its entirety, and I incorporate it herein by reference. See Stupak-Thrall v. United States, 70 F.3d 881 (6th Cir.1995), vacated, 81 F.3d 651 (6th Cir.1996). Because it is clear to me that Amendment No. 1 did not effect a taking or otherwise violate state-law limits on police power regula......
  • Herr v. U.S. Forest Serv.
    • United States
    • U.S. District Court — Western District of Michigan
    • June 13, 2016
    ..., 843 F.Supp. 327 (W.D. Mich. 1994), affirmed , 70 F.3d 881 (6th Cir. 1995), rehearing en banc granted and opinion vacated , 81 F.3d 651 (6th Cir. 1996), affirmed en banc by an equally divided court , 89 F.3d 1269 (6th Cir. 1996), cert. denied , 519 U.S. 1090, 117 S.Ct. 764, 136 L.Ed.2d 711......
  • U.S. v. Gabrion
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • March 14, 2008
    ...See Stupak-Thrall v. United States, 70 F.3d 881, 888 (6th Cir.1995), vacated on grant of reh'g en banc, 81 F.3d 651 (6th Cir.1996) (Moore, J., writing, joined by Nelson and Brown, JJ.) ("Section 480 merely provides that both the state and the United States shall have general concurrent juri......
  • Stupak-Thrall v. Glickman
    • United States
    • U.S. District Court — Western District of Michigan
    • December 16, 1997
    ...v. United States ("Stupak-Thrall I"), 843 F.Supp. 327 (W.D.Mich.1994) (Quist, J.), aff'd, 70 F.3d 881 (6th Cir.1995), vacated, 81 F.3d 651 (6th Cir.1996), aff'd by an equally divided en banc court, 89 F.3d 1269 (6th Cir.1996), cert. denied, ___ U.S. ___, 117 S.Ct. 764, 136 L.Ed.2d 711 (1997......
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1 books & journal articles
  • CHAPTER 1 EVOLUTION OF FEDERAL PUBLIC LAND AND RESOURCES LAW
    • United States
    • FNREL - Special Institute Public Land Law II (FNREL)
    • Invalid date
    ...E.g., Minnesota v. Block, 660 F.2d 1240 (8th Cir. 1981), cert. denied, 455 U.S. 1007 (1982). See also Stupak-Thrall v. United States, 81 F.3d 651 (6th Cir.), aff'd on rehearing by an equally divided vote, 89 F.3d 1269 (6th Cir. 1996), cert. denied, 117 S. Ct. 764 (1997). [326] United States......

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