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LIBERTY MUT. INS. CO. v. BANKERS TRUST CO.

No. 88 Civ. 3421 (RPP).

769 F.Supp. 130 (1991)

LIBERTY MUTUAL INSURANCE COMPANY, as subrogee of Arbogast & Bastian, Inc., and Liberty Mutual Insurance Company, Plaintiffs, v. BANKERS TRUST COMPANY and Rotches Pork Packers, Inc., Defendants.

United States District Court, S.D. New York.

July 29, 1991.

Attorney(s) appearing for the Case

Ballon, Stoll & Itzler by Richard Weinberger, New York City, for plaintiffs.

Kaye, Scholer, Fierman, Hays & Handler by Robert Fracasso, New York City, for defendant Bankers Trust Co.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant Bankers Trust Co. moves pursuant to Rule 62(d) of the Federal Rules of Civil Procedure for a stay of execution and enforcement of judgment pending appeal and also moves that it not be required to post a supersedeas bond as a condition of the stay.

In considering whether to grant a stay of judgment pending appeal, a court will consider whether the petitioner is likely to prevail...

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