Airport Commission Of Forsyth County, North Carolina v. Civil Aeronautics Board (1961)
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· 33 citation events
across 12 courts.
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First-Citizens Bank & Trust Company v. Camp (1970)
Accordingly, it has been held by numerous courts, including this one, that in deciding whether to stay the execution of an administrative agency's decision, a court is required to consider four factors: 9 '(1) Has the petitioner made a strong showing that it is likely to prevail on the merits of its appeal? 10 '(2) Has the petitioner shown that without such relief it will be irreparably injured? 11 '(3) Would the issuance of a stay substantially harm other parties interested…
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First-Citizens Bank & Trust Co. v. Camp (1970)
A. B., 296 F.2d 95, 96 (4 Cir. 1961).
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Family Foundation, Inc. v. Brown (1993)
Co., Inc., 550 F.2d 189, 194 (4th Cir.1977); Airport Comm. of Forsyth Co., N.C. v. Civil Aeronautics Bd., 296 F.2d 95, 96 (4th Cir.1961).
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The Family Foundation, Inc. v. Brown (1993)
Co., Inc., 550 F.2d 189, 194 (4th Cir.1977); Airport Comm. of Forsyth Co., N.C. v. Civil Aeronautics Bd., 296 F.2d 95, 96 (4th Cir.1961).
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Blackwelder Furniture Company of Statesville, Inc. v. Seilig Manufacturing Company, Inc. (1977)
The district court, in denying Blackwelder’s motion for interlocutory relief, relied *193 on the fourfold equitable rule of thumb set forth in Airport Comm. of Forsyth Co., N.C. v. CAB, 296 F.2d 95 (4th Cir. 1961): 1) Has the petitioner made a strong showing that it is likely to prevail upon the merits? 2) Has the petitioner shown that without such relief it will suffer irreparable injury? 3) Would the issuance of the injunction substantially harm other interested parties? 4…
emphasis added
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Conservation Council of North Carolina v. Col. Albert C. Costanzo, Wilmington District Engineer, Corps of eng… (1974)
Long v. Robinson, 432 F.2d 977 , 979 (4th Cir. 1970); First-Citizens Bank & Trust Company v. Camp, 432 F.2d 481, 483 (4th Cir. 1970); Airport Comm. of Forsyth County, North Carolina v. C.A.B., 296 F.2d 95, 96 (4th Cir. 1961); Virginia Petroleum Job.
Black-welder noted with approval the four-factor test that applies for stays pending appeal: 1) Has the petitioner made a strong showing that it is likely to prevail upon the merits? 2) Has the petitioner shown that without such relief it will suffer irreparable injury? 3) Would the issuance of the injunction substantially harm other interested parties? 4) Wherein lies the public interest? 550 F.2d at 192 -93 (citing Airport Comm. of Forsyth Co., N.C. v. CAB, 296 F.2d 95, 96…
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Giant Brands, Inc. v. Giant Eagle, Inc. (2002)
Id. at 196 (citing Airport Comm. of Forsyth Co., N.C. v. CAB, 296 F.2d 95, 96 (4th Cir.1961)).
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Kentuckians for the Commonwealth, Inc. v. Rivenburgh (2002)
STAY PENDING APPEAL The standard for granting a stay pending appeal is a fourfold equitable rule initially adopted in this circuit 5 in Airport Comm. of Forsyth Co., N.C. v. CAB, 296 F.2d 95, 96 (4th Cir.1961): 1) Has the petitioner made a strong showing that it is likely to prevail upon the merits of its appeal? 2) Has the petitioner shown that without such relief it will be irreparably injured? 3) Would the issuance of a stay substantially harm other parties interested in …
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Richmond Medical Center for Women v. Gilmore (1998)
The Public Interest The final factor in the preliminary injunction inquiry is a determination of “[w]herein lies the public interest.” Blackwelder, 550 F.2d at 197 (quoting Airport Comm’n of Forsyth County, N.C. v. C.A.B., 296 F.2d 95, 96 (4th Cir.1961)); see Direx Israel, 952 F.2d at 814 .
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Burroughs Wellcome Co. v. Bowen (1986)
Airport Commission of Forsyth County v. C.A.B., 296 F.2d 95, 96 (4th Cir.1961).
See Airport Comm'n of Forsyth County v. Civil Aeronautics Bd., 296 F.2d 95 (4th Cir.1961)