Motion for Stay Without Supersedeas Bond

     [||7425796f-f4d0-4071-b277-e4437f3eafb3||] IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, ET AL, 

PLAINTIFFS 

z. CIVIL ACTION NO. WC 70-53-K 

D. L. HARRISON, SR., ET AL, 

DEFENDANTS 

MOTION FOR STAY WITHOUT SUPERSEDEAS BOND 
  

COME NOW the defendants in the above styled cause and move this 

Court for a stay without supersedeas bond of that Order entered herein dated 

March 2, 1976, granting attorney's fees and cost until this cause has been finally 

determined upon appeal and for grounds therefor would show unto the Court the 

following: 

1. That the defendants have perfected their appeal of this Court's Order 

granting attorney's fees and cost to the United States Court of Appeals for the Fifth 

Circuit. 

2. That Rule 82¢5), F.R.C.P., providés that: 

In any state in which a judgment is a lien 

upon the property of the judgment debtor and 

in which the judgment debtor is entitled to a 

stay of execution, a judgment debtor is entitled, 

in the district court held therein, to such stay 

as would be accorded him had the action been 

maintained in the courts of that state. 

3. That Section 11-51-1101 of the Mississippi Code of 1972, as Amended 

and Annotated, provides in part that: 

 



  

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"The state . . . and the officials representing the 

state . . . In any sult or action, and any state . 

officer who is a party to any suit or action in his 

4 

. . 1s beneficially interested, . . . shall be en- 

titled to appeal from a judgment, decree, decision, 

or order of any court or judge, from which an appeal 

may be taken, without giving an appeal bond; and in 

such case, if an appeal bond would operate as a 

supersedeas in favor of a private person, the appeal, 

without bond, shall have the same effect in cases 

herein provided for; and this provision shall apply 

to all the courts of the state.” 

4. That unless a stay is granted the defendants will suffer irreparable 

injury, that no substantial harm will come to other interested parties, that the 

stay would do no harm to the public interest, and that there is a strong likelihood 

that the defendants will prevail on the merits of their appeal. 

THEREFORE, the defendants respectfully move this Court for a stay 

without supersedeas bond until this cause has been finally determined upon appeal. 

Respectfully submitted, 

A. F. SUMMER, ATTORNEY GENERAL 

STATE OF MISSISSIPPI 

ED DAVIS NOBLE, JR. 

ASSISTANT ATTORNEY GENERAL 

GILES W. BRYANT 

SPECIAL ASSISTANT ATTORNEY GENERAL 

PETER M. STOCKETT, JR. 

SPECIAL ASSISTANT ATTORNEY GENERAL 

  

PETER M. STOCKETT, JR. 

 



    

CERTIFICATE 
  

12 undersigned counsel of record for the defendants hereby 

certifies that 2 true anc f the foregoing Motion for Stay 

have been mailed, postage 

prep through the United States Mail, to the following: 

Melvyn R. Leventhal, Esquire 

Suite 2030, 10 Columbus Circle 

New Yorx. New I YOTr=R., HCW York 10019 

dm Am ON a oat pf 

  PETER M. STOCKETT, JR. [||7425796f-f4d0-4071-b277-e4437f3eafb3||]