Plaintiffs' Opposition to Defendants' Motion for Stay Without Supersedeas Bond (Or Appeal Bond for Costs)

     [||c129d10e-f476-4d6a-a958-d9c4fd976d33||] F 

eA 

“me 

 
 

2% 

Fs - 
FY } 

i a hea  
 
 





  

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, et al., 

Plaintiffs, 

VS. NO, WC 70-53=K 

} Do L. HARRISON, SR., ef al., 

Defendants. 

PIAINTIFFS' OPPOSITION TO DEFENDANTS' 
MOTION FOR STAY WITHOUT SUPERSEDEAS 

BOND (OR APPEAL BOND FOR COSTS) 
  

Plaintiffs Delores Norwood, et al. oppose defendants' motion 

for stay without supersedeas bond or appeal bond for costs for 

the following reasons: 

l. On March 22, 1976, this Court disposed of virtually the 

same motion to stay the original March 2, 1976 order on 

attorney's fees and costs, ordering that enforcement of the order 

be stayed and suspended until final disposition of defendants’ 

appeal by the Fifth Circuit, without the necessity of super- 

sedeas bond, provided that if the order were affirmed then the 

amount of the award so affirmed shall bear interest in the amount 

| of 8% per annum from March 2, 1976.% For the convenience of the 

  

*Defendants' present motion to stay is identical to 
similarly-denominated "Motion For Stay Without Supersedeas Bond," 
filed on or about March 19, 1976. The only material difference 

is that the earlier motion did not request a stay without appeal 
bond for costs. 

 



  

Court, the March 22, 1976 order is attached hereto as "Appendix 

AN 

2. Plaintiffs submit that while in 1976, there may have been 

"serious likelihood that defendants will prevail in their appeal," 

recent Fifth Circuit rulings remove any doubt as to the cor- 

rectness of this Court's award of fees and costs to plaintiffs. 

(Rather than rehearse these authorities, we refer the Court to 

the September 1977 Plaintiffs-Appellees' Supplemental Memorandum 

on the last appeal, attached hereto as "Appendix B,") 

3. As the Court stated in its final judgment of January 3, 

1978, "further delay in the allowance of attorney fees is 

| contrary to the public interest and to the principles of justice 

| and equity.” Granting defendants' motion would disserve thcse 

ends. 

4, If the Court should decide to grant the motion to stay, 

it would be appropriate to continue the condition that "the 

award so affirmed shall bear interest in the amount of 8% per 

| annum from March 2, 1976, until paid.” 

WHEREFORE, plaintiffs respectfully request defendants motion 

to stay without supersedeas bond (or appeal bond for costs) be 

denied. 

Respectfully submitted, 

  

JACK GREENBERG 
BILL LANN LEE 

Suite 2030 

10 Columbus Circle 

New York, HN. Y. 10019 

FRED 1, BANKS, JR. 
538% North Farish Street 
Jackson, Mississippi 39202 

Attorneys for Plaintiffs 
  

12 wm 

 



  

CERTIFICATE OF SERVICE 
  

Undersigned counsel certifies that copies of the foregoing 

plaintiffs’ opposition to defendants' motion for stay without 

supersedeas bond (or appeal bond for costs) were served on counsel 

of record by placing copies in U. S. mail, postage prepaid, first 

class mail, this 21st day of February, 1978, addressed to: 

Hon. Peter M. Stockett, Jr. 
Office of the Attorney General 
State of Mississippi 
P., O. Box 220 
Jackson, Mississippi 39205 

  

Attorney for Plaintiffs [||c129d10e-f476-4d6a-a958-d9c4fd976d33||]