Brown v. Moore Application for Stay of Elections and Civil Contempt Sanctions Pending Appeal to the U.S. Supreme Court

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Law OFFICES Ni ) 
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Rayne & RayxNE 

CHARLES S. RHYNE SUITE 800 i 

BRICE WwW. RHYNE (1917-1972) 

WILLIAM S. RHYNE 1000 CONNECTICUT AVENUE, N. W. 
ALFRED J. TIGHE, JR. . 

DONALD A. CARR WasmincroxN, D. C. 200386 
RICHARD J. BACIGALUPO 
MARTIN W. MATZEN 
STEPHEN P. ELMENDORF 
MICHAEL A. HESS 
ARTHUR A. GUTHRIE 

CALLE ADDRESS 

DOUGLAS E. FRANKLIN (202) 466-5420 BD 

October 26, 1978 

Mr. Edward W. Wadsworth 
Clerk, United States Court of 
Appeals, Fifth Circuit 

600 Camp Street 
New Orleans, Louisiana 70130 

Re: Bolden v. City of Mobile, Nos. 76-4210 and 77-2042   

Dear Mr. Wadsworth: 

Please file the enclosed original and three copies of the 

Application for Stay of Elections and Stay of Civil Contempt Sanctions 
Pending Appeal to the U. S. Supreme Court. 

Please notice that this Application seeks emergency relief. 
It should be called to the Court's immediate attention. 

Sincerely, 

0 7 
ar an has EG 

Charles S. Rhyne 

CSR: mm 

Enclosure 

co: Ale, Blacksher, Esq. 
Barry Goldstein, Esq. 

 



  

IN THE 

UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Leila G. Brown, et al., 

Plaintiffs—-Appellees, 

wig No. 77-1583 

John L. Moore, et al., 

Defendants—-Appellants. 

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On Appeal From The United States 
District Court For The Southern District of Alabama 

APPLICATION FOR STAY OF ELECTIONS 

AND STAY OF CIVIL CONTEMPT SANCTIONS 

PENDING APPEAL TO THE U. S. SUPREME COURT 
    

Appellant School Commissioners of Mobile County ("School 

Board") hereby apply for a Stay of elections scheduled for November 

2X and for Stay of 7, 1978, pursuant to District Court orders,- 

civil contempt sanctions ordered by the District Court on October 

20, 1978, for failure of the School Board to elect one of two 

Commissioners to serve as Chairman of the Board, with power to vote 

only as a tie-breaker, as directed by the District Court (attached 
Ld 

hereto as Exhibit A). 

  

~1/ Brown v. Moore, 428 F.Supp. 1123 (S.D.Ala. 1976) , aff'd, 3575 

F.2d 298 (5th Cir. 1978), appeal docketed, No. 78-357 (Supreme 

Court, August 18, 1978). 
    

 



  

Because appeal is pending before the U. S. Supreme Court, 

and because the relief sought herein is essential to preserve 

the jurisdiction of that Court, Appellant School Board has 

simultaneously filed with the Supreme Court a like Application 

which states fully the grounds upon which Stay should issue and 

which is attached as Exhibit 1 and incorporated herein by reference. 

Just as both this Court, 2 and the Supreme Court, -3/ 

have recently declined to vacate stay of elections in the City 

of Mobile pending resolution of the City's appeal to the Supreme 

Court, such a Stay is fully warranted and necessary to preserve 

the status quo in Mobile County's School Board as well, pending 
  

action by the Supreme Court. 

WHEREFORE, Appellant School Board prays that this Court 

issue a Stay of the November elections to be held pursuant to 

District Court order in two of the five single-member districts 

created by the Court, and further Stay the imposition of sanctions 

for civil contempt arising from enforcement of the District 

  

2/1 Bolden, et al. v. City of Mobile, Alabama, et al., Nos. 
  
  

76-4210, 77-2042 (plaintiff-appellees' motion to vacate 
denied per Wisdom and Tjoflat, J.J., October 12, 1978). 

3/ No. 77-1844 (plaintiff-appellees' motion to vacate denied 

— after referral to the full Court, October 16, 1978). 

 



  

Court's order concerning election of ‘the School Board Chairman 

to sit in the interim between the 1978 and 1980 School Board 

elections. 

Respectfully submitted, 

   
  

Daniel A. Pike [4 
Robert Craig Campbell, III 

3763 Professional Parkway 
Mobile, Alabama 36609 

Charles S. Rhyne 
William S. Rhyne 
Donald A. Carr 
Martin W. Matzen 

1000 Connecticut Avenue, N.W. 
Suite 800 
Washington, D, C., 20036 

Attorneys for Appellants 

 



  

CERTIFICATE OF SERVICE 
  

I certify that I have served the foregoing Application for 

Stay of Elections and Stay of Civil Contempt Sanctions Pending 

Appeal to the U.S. Supreme Court in the manner agreed to by 

Counsel for Appellees, J. U. Blacksher, i.e. by hand delivery 

to Mr. Barry Goldstein, NAACP Legal Defense Fund, 733-15th 

Street, N. W., Washington, D. C. 20005, and by placing the same 

in the United States Mail with proper postage prepaid, addressed 

to: 

J. U. Blacksher, Esquire 
Larry T. Menefee, Esquire 
Crawford, Blacksher, Figures 

& Brown 

1407 Davis Avenue 

Mobile, Alabama 36603 

on this 26 day of October, 1978. 

Me   

William S. Rhyne 
Counsel for Appellants