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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.

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 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."

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 directed by the court.

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KINCAID v. GIBSON
(Nov 29, 1999)