Motion for Stay

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE: FIFTH CIRCUIT 

NO. 75-1998 

WITT CAMPBELL : 

L
J
 

Plaintiff-Appellee 
Cross Appellant, 

VS. . 

GADSDEN COUNTY DISTRICT 

SCHOOL: BOARD, at al., etc., 

Defendants—-Appellants s 
Cross Appellees. 

MOTION FOR STAY 

Pursuant to Rule 8, Federal Rules of Appellate 

Procedure, Defendants, MAX E. WALKER, THE GADSDEN COUNTY 

DISTRICT SCHOOL BOARD, and all individual members thereof, 

move this Court for its Order staying the permanent injunc- 

tion entered by the District Court on the 6th day of March, 

1975, and as grounds thereof says: 

1. A Motion for Stay was filed in the District Court 

of the Northern District of Florida, Tallahassee Division, 

on the 26th day of March, 1975, and denied by that Court 

on the 10th day of Aprid, 1975, 

2. The injunction sought to be stayed directs that 

Defendants "bump" a pre-Desegregation Order, incumbant, 

elementary school principal and give that principalship to 

the Plaintiff, WITT CAMPBELL. 

3. This order was directed toward the Defendant, the 

Gadsden County School Board, even though the District 

Court did not have subject matter jurisdiction over this 

Defendant. See Adkins v. Duval County School Board, et al, 

Case No. 74-1653 (5th Cir., 1975). 



4. This permanent injunction was ordered in violation 

of the Fourteenth Amendment rights of a pre-Desegregation Order, 

incumbant, elementary school principal who will be bumped 

as a result of the District Court's Order. 

5. The action taken by the District Court was not 

mandated by the Singleton standards set forth in Singleton 

V.udackson Municipal School District, 419 P.24 1211 (Sth Cir. 

1970) and the Plaintiff cannot establish any other authority 

under which such relief may be granted. 

6. Should a principal be ousted pursuant to the Dis- 

trict Court's Order, and the injunction appealed from be 

reversed, and this Stay not be ordered, great disruption 

will ensue in the reassignment of the two principals involved. 

7. Therefore, in view of the strong likelihood that 

Defendants will prevail on the merits of their appeal; and 

that they will be irreparably harmed unless the Stay is 

granted. Defendants request that this Court grant their 

Motion to Stay the injunction granted below. See generally, 

Beleher v. Birmingham Trust National Bank, 395 F.2d 685 

{Sth Cir., 1968). 

I HEREBY CERTIFY that a copy of the foregoing has 

been furnished by mail to Kent Spriggs, 324 West College 

Avenue, Tallahassee, Florida; Jack Greenberg, 10 Columbus 

Circle, New York, N.Y.; and Richard Gardner, The Quincy 

State Bank Building, Quincy, Florida, this 2nd day of July, 

1975, 

LAW OFFICES OF 

BRIAN T. BAYES 

Post Office Box 1385 

Tallahassee, Florida 32302 

BY rh SSL 
"~ BRIAN T. HAYES 

ATTORNEY FOR DEFENDANTS- 
APPELLANTS, CROSS APPELLEES