Order Denying Motion for Relief and to Consolidate

Public Court Documents
November 23, 1977

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Order Denying Motion for Relief and to Consolidate preview

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  • Case Files, Campbell v. Gadsden County District School Board Hardbacks. Order Denying Motion for Relief and to Consolidate, 1977. 1b96f304-a211-f111-8407-7c1e526962fd. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/4b6119d4-61d6-477f-bcec-d3e55f948fb7/order-denying-motion-for-relief-and-to-consolidate. Accessed March 05, 2026.

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    IN THE UNITED STATES DISTRICT COURT FOR THE i, 
NORTHERN DISTRICT OF FLORIDA OFFICE UF CLERK 

TALLAHASSEE DIVISION HiT DIS A 
i . A 

JOHN HUTLEY, WITT CAMPBELL, 

Plaintiffs, 

VS. TCA 73-177 

GADSDEN COUNTY SCHOOL BOARD, 

et al., 

Defendants. 

HENRY W. McGILL, 

Plaintiff, 

vs, TCA 73-176 

GADSDEN COUNTY COMMISSION, 
et ak., 

Defendants. 

ORDER 
The above-styled cases are before the court on plain- 

tiffs' motion to consolidate and motion for relief from 

judgment in TCA 73-176. The law is very clear that once 

the appellate court has decided the merits of a case, the 

trial court has no authority to grant relief from the judg- 

ment. See 7 J. Moore, Pederal Practice, %60.3012}1, and 

cases cited therein. Therefore, this court may not disturb 

the mandate of the Fifth Circuit in TCA 73-176, and both 

the motion for relief from judgment and the motion to con- 

solidate the two cases must fail. 

It is ORDERED: 

l. Plaintiffs' motion for relief from judgment in 

TCA 73-176 is denled. 

2. Plaintiffs’ motion to consolidate TCA 73-176 and 

TCA 73-177 is denied. 

DONE AND ORDERED red day of November, 1977. 

roy 2, 
WILLIAM STAFFORD 

UNITED STATES DISTRICT JUDGE

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