Szymanski v. Columbia Transp. Co., 95-3205.

• Decision Date: 01 May 1997
• Docket Number: No. 95-3205.,95-3205.
• Citation: 107 F.3d 379
• Parties: Connie SZYMANSKI, Administratrix of the Estate of Stanley Szymanski, Plaintiff-Appellant, v. COLUMBIA TRANSPORTATION COMPANY, a Division of Oglebay-Norton Co., Defendant-Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

107 F.3d 379

Connie SZYMANSKI, Administratrix of the Estate of Stanley Szymanski, Plaintiff-Appellant, v. COLUMBIA TRANSPORTATION COMPANY, a Division of Oglebay-Norton Co., Defendant-Appellee.

No. 95-3205.

United States Court of Appeals, Sixth Circuit.

May 1, 1997.

Before: MARTIN, Chief Judge; MERRITT, KENNEDY, 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 are vacated, the mandate is stayed and the case is restored to the docket as a pending appeal.

It is further ORDERED that the appellant file a supplemental brief not later than Monday, June 2, 1997, and the appellee file a supplemental brief not later than Wednesday, July 2, 1997. The Clerk will schedule this case for oral argument as directed by the court.