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, 197 F.3d 828

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.