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BOISE CASCADE CORP. v. F. T. C.

Civ. A. No. 80-305.

498 F.Supp. 782 (1980)

BOISE CASCADE CORPORATION, Plaintiff, v. FEDERAL TRADE COMMISSION, Defendant.

United States District Court, D. Delaware.

October 7, 1980.

Attorney(s) appearing for the Case

R. Franklin Belotti, of Richards, Layton & Finger, Wilmington, Del., for plaintiff; John T. Loughlin, Victor E. Grimm, William R. Carney, and Scott M. Mendel, of Bell, Boyd, Lloyd, Haddad & Burns, Chicago, Ill., David R. Almond, of Boise Cascade Corporation, Boise, Idaho, of counsel.

James W. Garvin, Jr., U. S. Atty., John X. Denney, Jr., Asst. U. S. Atty., Wilmington, Del., for defendant; James N. Sneed, Acting Gen. Counsel, W. Dennis Cross, Asst. Gen. Counsel, Edward F. Glynn, Jr., Atty., F. T. C., Washington, D. C., of counsel.

MEMORANDUM OPINION

CALEB M. WRIGHT, Senior District Judge.

In its Order of September 30, 1980, this Court denied plaintiff's motion for declaratory and injunctive relief, and granted defendant's motion to dismiss. At the same time, the Court vacated the stay granted by the transferor court. Plaintiff now moves that the stay be restored pending appeal, pursuant to Fed.R.Civ.P. 62(c).

Under Rule 62, a district court has discretion to grant a stay,...

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