MARIE LUCIE JEAN, ET AL., PLAINTIFFS, LUCIEN LOUIS, ET AL., PLAINTIFFS-APPELLEES, MIAMI DAILY NEWS, ET AL., INTERVENORS-APPELLANTS,
v.
ALAN C. NELSON, ET AL., DEFENDANTS-APPELLANTS, CROSS-APPELLEES

11th Cir. | 1982-07-13
No. 82-5772
Before GODBOLD, Chief Judge, and HATCHETT and CLARK, Circuit Judges.
683 F.2d 1311 Court of Appeals for the Eleventh Circuit (1982) Positive Treatment
Cited by 7 cases
Opinion of the Court
BY THE COURT:

BY THE COURT:

The United States has moved for a partial stay of the judgment of the United States District Court for the Southern District of Florida entered June 29, 1982. Hearing and briefing have been expedited, and the Court has heard oral argument and has considered the briefs.

To justify granting the partial stay the United States would be required to show that the following circumstances exist: (1) likelihood of ultimate success on appeal; (2) irreparable injury to the government; (3) granting the stay will not substantially harm plaintiffs; and (4) the public interest will be served by the partial stay.

The government has not been able to show that any one or more of these circumstances exist.

The motion for partial stay is DENIED.

The case is expedited for hearing on an eariy orai argument calendar,

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Comm'r, Immigr. & Naturalization Serv. v. Jean, 496 U.S. 154 (U.S. 1990)
    …d in a dozen other opinions. Louis v. Meissner, 530 F. Supp. 924 (SD Fla. 1981); Louis v. Meissner, 532 F. Supp. 881 (SD Fla. 1982); Louis v. Nelson, 544 F. Supp. 973 (SD Fla. 1982); Louis v. Nelson, 544 F. Supp. 1004 (SD Fla. 1982); Jean v. Nelson, 683 F. 2d 1311 (CA11 1982); Jean v. Nelson, 711 F. 2d 1455 (CA11 1983); Louis v. Nelson, 560 F. Supp. 896 (SD Fla. 1983); Louis v. Nelson, 560 F. Supp. 899 (SD Fla. 1983); Louis v. Nelson, 570 F. Supp. 1364 (SD Fla. 1983); Jean v. Nelson, 727 F. 2d 957 (CA11 1984)…
  • Moises Garcia-Mir v. Meese, 781 F.2d 1450 (11th Cir. 1986)
    …on appeal; 2) that absent a stay the movant will suffer irreparable damage; 3) that the adverse party will suffer no substantial harm from the issuance of the stay; and 4) that the public interest will be served by issuing the stay. Jean v. Nelson, 683 F. 2d 1311, 1312 (11th Cir.1982) (per curiam), see also, 11th Cir.R. 17(b)(1). Ordinarily the first factor is the most important. A finding that the mov-ant demonstrates a probable likelihood of success on the merits on appeal requires that we determine that…
  • Louis v. Nelson, 646 F. Supp. 1300 (S.D. Fla. 1986)
    …clearly” a rule subject to the rulemaking requirements of the APA. Louis v. Nelson, 544 F.Supp. at 997. The Eleventh Circuit found that defendants were not likely to succeed on this issue and denied their request for a stay. Jean v. Nelson, 683 F.2d 1311, 1312 (11th Cir.1982). After hearing the case, the Eleventh Circuit panel completely rejected the government’s arguments that the new policy was not a rule to which the APA rulemaking requirements applied and affirmed the decision of this Court.…

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