CLICK HERE FOR FULL TEXT
VICTOR DEWAYNE TAYLOR,
Petitioner-Appellant,
v.
THOMAS SIMPSON, Warden,
Respondent-Appellee.
   No. 14-6508
On Petition for Rehearing En Banc
United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:06-cv-00181—Danny C. Reeves, District Judge.
Decided and Filed: December 2, 2020
Before: COLE, Chief Judge; MOORE, CLAY, GIBBONS, SUTTON, GRIFFIN,
KETHLEDGE, WHITE, STRANCH, DONALD, BUSH, LARSEN,
NALBANDIAN, READLER, and MURPHY, Circuit Judges.


_________________________
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 decision and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.



CLICK HERE FOR FULL TEXT
PROGRESSIVE RAIL INC.,
Plaintiff,

SIEMENS ENERGY, INC.,
Plaintiff-Appellant,
v.
CSX TRANSPORTATION, INC.,
Defendant-Appellee.
   No. 20-5378
Appeal from the United States District Court
for the Eastern District of Kentucky at Frankfort.
No. 3:15-cv-00018—Gregory F. Van Tatenhove, District Judge.
Argued: November 19, 2020
Decided and Filed: December 2, 2020
Before: NORRIS, SUTTON, and KETHLEDGE, Circuit Judges.


_________________________
OPINION
_________________________

SUTTON, Circuit Judge. It took a ship and a train to transport two electrical transformers from Germany to Kentucky. The ocean leg was uneventful, and the transformers reached Maryland unscathed. But one of the transformers suffered damage during the inland rail leg to the Bluegrass State. The rail carrier, CSX, sought shelter under a provision of the original transportation contract that insulated subcontractors from liability. Because the terms of the contract apply to this dispute, we affirm the district court’s decision to grant summary judgment to CSX.