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JOEL E. OGLE, COUNTY COUNSEL

By George F. Holden, Deputy

31~ Hall of Records

santa ~la, California

IPll-,ED
Attorney for Respondents.

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF CALIFO~~IA

CENTRAL DIVISION
GONZALO MENDEZ, et al,
Petitioners, No. lJ.292':'M
13 vs NOTICE OF MOTION TO OBTAIN STAY OF
EXECUTION PENDING DECISION ON APPEAL
14 Ii l'lESTIHNSTER SCrtOOL DIS'l'RICT OF

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,: O~lGE COUNTY, et al,
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Respondents.
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17 h TO THE PLAINTIFb~S IN THE ABOVE El!TITLED ACTION, AND TO DAVID C. HA.l'tCUS,
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lsi! THEIR ATTORNEY:
191 YOU A~m EACH OF YOU will please take notice that the undersigned

20 Ii wll1 move the above entitled Court, in Room S of the united States Dis­
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211 trict Court, Federal Building, Los Angeles, California, on Monday, the
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IlJ.th day of October, 19lJ.6, at the hour of 10 o'clock A. M., that the
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23 above entitled Court grant a stay of execution in the above entitled
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2411 action pending the determination of the appeal taken to the United state~
II Circuit Court of A.upeals from the judgement of the District Court ren­
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26 ' dered in this action, that said motion will be made upon the following

271 grounds:
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2911 That the appeal in said action challenges the jurisdiction of the
"I' District Court to render the judgement that if execution is not stayed
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3dh it will result in multipliCity of appeals to the United states Circuit
Court of Appeals.
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That petitioners nor either or a~y of them will suffer any damage
or injury by staying the execution pending decision of this case on
appeal.
III
Ttat the exeoution of said judgement prior to a decision of this
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case on appeal \'Till 'florl{ irreparable injury to respondents should the
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deoision of the District Court be reversed on appeal.
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That said motion will be based upon this notioe and upon the files
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10 ,II in said a.ction.

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DATED: October 2nd, 1946.
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131 JOEL E. OGLE, COUNTY COUNSEL
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By/;2;?,.~£ Jl~ I~
151 George Y.Holden, Deputy County
Ii Counsel
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" Attorney for Respondents.
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171 AUTHORITIES RELIED ON
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18 This motion is ill8.de pursuant to Rule 62, Subseotion C of Rules of
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" Federal praotioe ~~ Procedure.

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