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DEL MARCELLE v. BROWN COUNTY CORP.

No. 10-3426.

680 F.3d 887 (2012)

Lewis D. DEL MARCELLE, Plaintiff-Appellant, v. BROWN COUNTY CORP., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Argued En Banc September 23, 2011.

Decided May 17, 2012.

Attorney(s) appearing for the Case

Thomas L. Shriner, Jr. (argued), Attorney, Foley & Lardner LLP, Milwaukee, WI, for Plaintiff-Appellant.

William J. Ewald (argued), Attorney, Denissen, Kranzush, Mahoney & Ewald, S.C., Green Bay, WI, Samuel C. Hall, Jr. (argued), Attorney, Crivello Carlson, S.C., Milwaukee, WI, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and POSNER, FLAUM, KANNE, ROVNER, WOOD, WILLIAMS, SYKES, TINDER, and HAMILTON, Circuit Judges.

PER CURIAM.

Five judges have voted to affirm the district court's judgment and five to remand for further proceedings. The result of this tie vote is affirmance, because it takes a majority to reverse a judgment.

Although it is customary not to issue opinions when an appellate court affirms on a tie vote, there are occasional departures. See, e.g., School District of the City of Pontiac v. Secretary of Education, 584 F.3d 253

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