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BELCHER v. BIRMINGHAM TRUST NATIONAL BANK

No. 26097.

395 F.2d 685 (1968)

Brady BELCHER et al., Appellants, v. BIRMINGHAM TRUST NATIONAL BANK, as Trustee, etc., Appellee.

United States Court of Appeals Fifth Circuit.

May 21, 1968.

Attorney(s) appearing for the Case

Erle Pettus, Jr., Birmingham, Ala., for appellants.

Robert B. Donworth, Jr., Birmingham, Ala., Robert H. Loeb, Ralph B. Tate, Birmingham, Ala., for appellee.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

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...

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