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Tesmer v. Granholm

Citations: 307 F.3d 459; 2002 WL 31174490Docket: Nos. 00-1824, 00-1845

Court: Court of Appeals for the Sixth Circuit; September 20, 2002; Federal Appellate Court

Narrative Opinion Summary

A majority of the Judges of the Court have voted to rehear the cases en banc. According to Sixth Circuit Rule 35(a), this decision vacates the prior opinion and judgment, stays the mandate, and restores the cases to the docket as pending appeals. Consequently, the previous decision is vacated, the mandate is stayed, and the cases are reinstated for appeal. Additionally, parties are required to submit supplemental briefs by the close of business on October 25, 2002. Reargument is set for December 11, 2002.

Legal Issues Addressed

Effect of En Banc Rehearing on Prior Decisions

Application: The decision to rehear the cases en banc results in vacating the previous opinion and judgment, staying the mandate, and reinstating the cases for appeal.

Reasoning: This decision vacates the prior opinion and judgment, stays the mandate, and restores the cases to the docket as pending appeals.

Rehearing En Banc under Sixth Circuit Rule 35(a)

Application: The court has decided to rehear the cases en banc, which affects the status of the prior opinion and judgment.

Reasoning: A majority of the Judges of the Court have voted to rehear the cases en banc.

Requirement for Supplemental Briefs

Application: Parties involved in the case are required to submit additional briefs by a specified deadline.

Reasoning: Parties are required to submit supplemental briefs by the close of business on October 25, 2002.

Scheduling of Reargument

Application: The court has scheduled a date for the reargument of the cases.

Reasoning: Reargument is set for December 11, 2002.