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UNITED STATES OF AMERICA WAYNE COUNTY DEPARTMENT OF HEALTH, Air Pollution Control Division, Plaintiffs, United States Army Corps of Engineers, MovantAppellant, v. CITY OF DETROIT, et al., Defendants-Appellees

United States Court of Appeals for the Sixth Circuit2002-05-24No. No. 01-1277
36 F. App'x 185

Authorities cited

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Opinion

majority opinion

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. It is further ORDERED that the appellant file a supplemental brief not later than Monday, June 24, 2002, and the appellees file a supplemental brief not later than Wednesday, July 24, 2002. The Clerk will schedule this case for oral argument as directed by the Court.