Harris v. CITY OF VIRGINIA BEACH, VA.

MEMORANDUM OPINION ORDER

JACKSON, District Judge.

INTRODUCTION

This matter comes before the Court upon Plaintiffs motion to stay the mandate issued by the United States Court of Appeals for the Fourth Circuit and the City of Virginia Beach’s motion to dismiss Count II of Plaintiffs complaint or, in the alternative, to order a new trial. Plaintiff filed its motion on February 9, 1996 seeking a stay of the mandate pending disposition of Plaintiffs petition for writ of certiorari to the United States Supreme Court. The City of Virginia Beach (“the City”) filed its motion on February 20, 1996. In…