Sterling v. Blackwelder, 12730.

Decision Date24 January 1969
Docket NumberNo. 12730.,12730.
Citation405 F.2d 884
PartiesJohn R. W. STERLING, Appellee, v. Leroy J. BLACKWELDER, Appellant. James Keith and Samuel Beach, Intervenors.
CourtU.S. Court of Appeals — Fourth Circuit

Alfred L. Hiss, Arlington, Va., for appellant.

Leroy J. Blackwelder, pro se.

Richard M. Millman, Washington, D. C., for appellee.

John T. Hazel, Jr., Fairfax, Va. (Hazel, Beckhorn & Hanes, Fairfax, Va., on brief), for intervenors.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.

PER CURIAM:

For failure to comply with Federal Rules of Civil Procedure 62(d) the appeal from the order confirming the judicial sale is dismissed as moot.

All other questions presented are simply attempts to relitigate the established law of the case. Sterling v. Blackwelder, 383 F.2d 282 (4th Cir. 1967) and Sterling v. Blackwelder, 387 F.2d 346 (4th Cir. 1967).

Dismissed.

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7 cases
  • Roberts Farms, Inc., In re
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • July 23, 1981
    ...of all the bankrupt's assets. Although the order was appealed, no stay was obtained. A like situation obtained in Sterling v. Blackwelder, 405 F.2d 884 (4th Cir. 1969). In re Rock Industries Machinery Corp., 572 F.2d 1195 (7th Cir. 1978), also involved a confirmed sale and an appeal not sup......
  • Blackwelder v. Millman
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • July 21, 1975
    ...reasonable. Since Blackwelder had failed to file a proper supersedeas bond, we dismissed the appeal as moot. Sterling v. Blackwelder, 405 F.2d 884 (4th Cir. 1969) (Blackwelder IV). Moorefield was then sold by Paris to DeLuca Enterprises in July 1969 for $1.35 million; DeLuca in turn mortgag......
  • Kaplan v. Hirsh
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • April 23, 1982
    ...is not required to obtain a stay, but if he does not do so, the creditor may proceed to execution on the judgment. Sterling v. Blackwelder, 405 F.2d 884 (4th Cir.1969); Moore's Federal Practice p 62.06, p Problems arise, however, when the creditor tries to execute his judgment in another st......
  • In re Lewis Jones, Inc., 72-714.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • November 30, 1973
    ...stay or injunction pending appeal risks losing its ability to realize the benefit of a successful appeal. See, e. g., Sterling v. Blackwelder, 405 F.2d 884 (4th Cir. 1969); Knapp v. McFarland, 462 F.2d 935, 943 n. 7 (2d Cir. 1972); In Re Spier Aircraft Corp., 137 F.2d 736 (3d Cir. 1943); Wr......
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