Brady Belcher v. Birmingham Trust National Bank, as Trustee, Etc.

DYER, Circuit Judge:

This case is before us on appellant’s motion for a stay pending appeal. At the outset we emphasized that in our consideration of this matter we are not called upon to, nor do we, make any determination of the substantive issues or the merits of the appeal.

As outlined in Virginia Petroleum Job. Ass’n v. Federal Power Comm., 1958, 104 U.S.App.D.C. 106, 259 F.2d 921, 925, four factors must be considered in determining whether appellants have shown sufficient reason for granting the extraordinary remedy of stay pending appeal. The first factor is whether movants have made a…