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DELLUMS v. SMITH

No. C-83-3228 SAW.

577 F.Supp. 1456 (1984)

Ronald V. DELLUMS, Eleanor Ginsberg, Myrna Cunningham, Plaintiffs, v. William French SMITH, individually and in his official capacity as Attorney General of the United States, D. Lowell Jensen, individually and in his official capacity as Assistant Attorney General, Criminal Division of The United States Department of Justice, Defendants.

United States District Court, N.D. California.

January 10, 1984.

Attorney(s) appearing for the Case

Jules Lobel, University of Pittsburgh Law School, Pittsburgh, Pa., Ellen Yaroshefsky, Michael D. Ratner, Margaret L. Ratner, Sarah Wunsch, Peter Weiss, Center for Constitutional Rights, New York City, Marc Van Der Hout, National Lawyers Guild, San Francisco, Cal., for plaintiffs.

J. Paul McGrath, Asst. Atty. Gen., Richard K. Willard, David J. Anderson, Vincent M. Garvey, David H. White, Attys., Dept. of Justice, Washington, D.C., Joseph P. Russoniello, U.S. Atty., John F. Barg, Asst. U.S. Atty., San Francisco, Cal., for defendants.

MEMORANDUM AND ORDER DENYING STAY

WEIGEL, Senior District Judge.

Pending appeal, defendants have moved to stay the judgment in this case.

The considerations governing judicial discretion in ruling on that motion are threefold: (1) Have the movants established a strong likelihood of success on the merits? (2) Does the balance of irreparable harm favor the movants? (3) Is the public interest served by the grant of the injunction? Warm Springs Dam...

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