Motion for Stay Without Supersedeas Bond

     [||2aa39b47-a066-4477-a20b-d2a46547825c||] IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, et al., 

PLAINTIFFS 

Vv. CIVIL ACTION 

NO. WC 70-53-K 

D. L. HARRISON, 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 for that Order 

entered herein dated January 3, 1978, granting attorney's fees and 

costs until this cause has been finally determined upon appeal! and 

for grounds therefor would show unto the Court the following: 

I That the defendants have perfected their appeal of this 

Court's Order granting attorney's fees and costs to the United States 

Court of Appeals for the Fifth Circuit. 

2. That Rule 62(f), F.R.C.P., provides 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 en- 

titled, 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 11-15-101 of the Mississippi Code of 1972, 

as Amended and Annotated, provides in part that: 

The state . . . and the officials repre- 

senting the state . . . in any suit or action, 
and any state . . . officer who is a party to 

any suit or action in his official character, 

in which suit or action the state, . . . is 

beneficially interested, . . . shall be entitled 

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 or appeal bond for costs 

until this cause has been finally determined upon appeal. 

Respectfully submitted, 

A. F. SUMMER, ATTORNEY GENERAL 

STATE OF MISSISSIPPI 

PETER M. STOCKETT, JR. 

ASSISTANT ATTORNEY GENERAL 

BY: i 

PETER M. STOCKETT\ JR. 

Office of the Attorney General 

State of Mississippi 

P.O. Box 220 

Jackson, Mississippi 39205 

Telephone: (601) 354-7130 

 



  

CERTIFICATE OF SERVICE 
  

The undersigned, Peter M. Stockett, Jr., Assistant 

Attorney General for the State of Mississippi, hereby certifies that 

a true and correct copy of the foregoing Motion for Stay Without 

Supersedeas Bond, Notice of Motion and Notice of Appeal have been 

mailed by United States mail, postage prepaid, to the following: 

Bill Lann Lee, Esq. 

Jack Greenberg, Esq. 

10 Columbus Circle, Suite 2030 

New York, New York 10019 

Fred L. Banks, Jr., Esq. 

538 1/2 North Farish Street 

Jackson, Mississippi 39202 

This the |x{g day of February, 1978. 

(orb om ol low   
PETER M. STOCKETT, JR. [||2aa39b47-a066-4477-a20b-d2a46547825c||]