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IN RE: OHIO EXECUTION PROTOCOL. Angelo Fears, et al., Plaintiffs, Gary Otte; Ronald Phillips; Raymond Tibbetts, Plaintiffs-Appellees, v. Donald Morgan, et al., Defendants-Appellants

United States Court of Appeals for the Sixth Circuit2017-04-25No. No. 17-3076
855 F.3d 702

Authorities cited

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Opinion

majority opinion

ORDER

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) 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 opinion and judgment of this court are 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; this matter is scheduled for oral argument on June 14, 2017.

Judge Cook recused herself in this case.