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BLANKENSHIP v. BOYLE

No. 71-1430.

447 F.2d 1280 (1971)

Willie Ray BLANKENSHIP et al., National Bank of Washington, Appellant, v. W. A. (Tony) BOYLE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1971.

Attorney(s) appearing for the Case

Mr. Jo V. Morgan, Jr., Washington, D. C., with whom Messrs. John J. Wilson and William E. Rollow, Washington, D. C., were on the motion for stay, for appellant.

Mr. Edgar H. Brenner, Washington, D. C., with whom Messrs. Harry A. Huge, Armistead W. Gilliam, Jr., and Thomas J. McGrew, Washington, D. C., were on the objection to the motion for stay, for appellees Blankenship and various beneficiaries.

Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges.

PER CURIAM:

We consider this case on the application by the National Bank of Washington (Bank) for a stay pending appeal. Although the applicant demonstrates irreparable injury if the stay is denied, we conclude that it fails to provide a sufficient showing of likelihood of success on the merits of the appeal to warrant the requested relief.

The District Judge did not base his ruling in the Decree of Equitable Relief on the premise that as a matter...

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