Legal Opinion

United States v. Kurtz

District Court, E.D. Pennsylvania

Decided December 30, 1981No. Civ. A. 76-313PublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM

EDWARD R. BECKER, District Judge.

Defendant Morris I. Kurtz has made application for a stay of proceedings to enforce our judgment against him pending appeal. 1 His application includes the unverified assertion that he owns no substantial assets and consequently is unable to post a supersedeas bond, but it does not include financial records or an affidavit showing what security defendant could provide to the judgment creditor, the government. These omissions require us to deny the application .for a stay.

The applicable rule is Fed.R.Civ.P. 62(d), which provides that “[w]hen an appeal…

2Cases cited6 opinions

  1. Poplar Grove Planting and Refining Co., Inc. v. Bache Halsey Stuart, Inc.Court of Appeals for the Fifth Circuit · 1979
  2. Federal Prescription Service, Inc. v. American Pharmaceutical Ass'nCourt of Appeals for the D.C. Circuit · 1980
  3. C. Albert Sauter Co., Inc. v. Richard S. Sauter Co., Inc.District Court, E.D. Pennsylvania · 1973
  4. United States Ex Rel. Small Business Administration v. MorrisDistrict Court, E.D. Pennsylvania · 1981
  5. Trans World Airlines, Inc. v. Howard R. HughesCourt of Appeals for the Second Circuit · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Texaco Inc. v. Pennzoil Company, State of Texas, IntervenorCourt of Appeals for the Second Circuit · 1986
  2. Miami International Realty Co. v. Richard Paynter and Paynter & Hensick, P.C.Court of Appeals for the Tenth Circuit · 1986
  3. United States v. John A. Lattauzio, Janet M. Lattauzio, Theodore M. Bennett and Carol Ann BennettCourt of Appeals for the Tenth Circuit · 1984
  4. United States v. New Mexico Landscaping, Inc.Court of Appeals for the Tenth Circuit · 1986
  5. Schreiber v. KelloggDistrict Court, E.D. Pennsylvania · 1993

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API