Legal Opinion
Boise Cascade Corp. v. Federal Trade Commission
District Court, D. Delaware
Decided October 7, 1980No. Civ. A. No. 80-305PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
CALEB M. WRIGHT, Senior District Judge.
In its Order of September 30, 1980, this Court denied plaintiff’s motion for declaratory and injunctive relief, and granted defendant’s motion to dismiss. At the same time, the Court vacated the stay granted by the transferor court. Plaintiff now moves that the stay be restored pending appeal, pursuant to Fed.R.Civ.P. 62(c).
Under Rule 62, a district court has discretion to grant a stay, pending appeal, after denying an injunction. Granting such a stay is appropriate where: a) there is an immediate threat of irreparable harm to the…
2Cases cited5 opinions
- Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc.Court of Appeals for the D.C. Circuit · 1977
- Atlantic Richfield Company v. Federal Trade CommissionCourt of Appeals for the Fifth Circuit · 1977
- Evans v. BuchananDistrict Court, D. Delaware · 1977
- Atlantic Richfield Co. v. Federal Trade CommissionDistrict Court, S.D. Texas · 1975
- Boise Cascade Corp. v. Federal Trade CommissionDistrict Court, D. Delaware · 1980
3Cited by1 opinion
- Territorial Court of the Virgin Islands v. RichardsDistrict Court, Virgin Islands · 1987