Deborah A. Northcross, Cross-Appellants v. Board of Education of the Memphis City Schools, Cross-Appellees

463 F.2d 329, 1972 U.S. App. LEXIS 8605

Opinions

ORDER

A majority of the active judges of this Court having voted against an en banc hearing on the motion to vacate the stay, it is ordered that said motion be and is hereby referred to the panel for determination. Chief Judge Phillips, and Judges Edwards and McCree requested that their votes in favor of an en banc hearing be recorded. Judge Edwards has filed a dissent to the denial of the en banc hearing in which dissent Chief Judge Phillips and Judge McCree concur. The panel does not agree with the statement in the dissent to the effect that the Supreme Court told Appellate and District Courts not to enter stays pending appeal authorized by Rule 8, Fed.R. App.P. in appropriate cases.