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DELLINGER v. MITCHELL

No. 23931.

442 F.2d 782 (1971)

David DELLINGER et al., Appellants, v. John N. MITCHELL, Attorney General of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1971.

Attorney(s) appearing for the Case

Mr. Herman Schwarz, Buffalo, N. Y., of the bar of the United States District Court for the District of Columbia, pro hac vice, by special leave of Court, with whom Messrs. Melvin L. Wulf, William M. Kunstler, New York City, and Lawrence Speiser, Washington, D. C., were on the brief, for appellants.

Mr. George W. Calhoun, Atty., Department of Justice, for appellees. Asst. Atty. Gen. J. Walter Yeagley at the time the brief was filed and Mr. Robert L. Keuch, Atty., Department of Justice, were on the brief, for appellees. Mrs. Lee B. Anderson and Mr. Kevin T. Maroney, Attys., Department of Justice, also entered appearances for appellees.

Before McGOWAN and LEVENTHAL, Circuit Judges, and GORDON, U.S. District Judge for the Eastern District of Wisconsin.

LEVENTHAL, Circuit Judge:

Plaintiffs appeal from an order staying all proceedings in this civil action until ten days after final termination of a related criminal case. We are of the view that the stay order as issued exceeded the proper exercise of authority of the District Court and remand for further proceedings.

I. The Facts

The plaintiffs in this case are eight individuals1 and nine organizations.

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