Lynette Chapman v. The Higbee Company, Doing Business as Dillard Department Stores, Inc.

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.