RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Ohio Telecom Ass'n v. FCC
On Petitions for Rehearing En Banc
BeforeSUTTON, Chief Judge; MOORE, CLAY, GRIFFIN, KETHLEDGE,
ON PETITIONS FOR REHEARING EN BANC: Roman Martinez, Matthew A. Brill, Matthew T. Murchison, Christina R. Gay, LATHAM & WATKINS LLP, Washington, D.C., for Petitioners. Jennifer Tatel, WILKINSON BARKER KNAUER LLP, Washington, D.C., for Intervenor.
ON RESPONSE: Adam L. Sorensen, Sarah E. Citrin, Jacob M. Lewis, FEDERAL COMMUNICATIONS COMMISSION, Washington, D.C., Robert B. Nicholson, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents.
ON BRIEF: Thomas A. Berry, CATO INSTITUTE, Washington, D.C., Zac Morgan, WASHINGTON
View the official PDF → · unofficial reading copy; the court’s PDF controls
A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Under Sixth Circuit Rule 40(d), “[a] decision to grant rehearing en banc vacates the previous opinion and judgment or order of the court, stays the mandate, and restores the case on the docket as a pending appeal.”
Accordingly, it is ORDERED that the previous decision 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 and will schedule this case for oral argument as soon as possible.
ENTERED BY ORDER OF THE COURT
