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Gurley v. City of West Memphis

February 8, 2007

WILLIAM M. GURLEY PLAINTIFF
v.
CITY OF WEST MEMPHIS, ARKANSAS DEFENDANT



The opinion of the court was delivered by: J. Leon Holmes United States District Judge

ORDER

The City of West Memphis has moved to stay these proceedings pending final resolution of an adversarial proceeding in the United States Bankruptcy Court for the Middle District of Florida in which the judgment is currently on appeal to the United States Court of Appeals for the Eleventh Circuit. The City of West Memphis asserts that Gurley could recover in that action funds that he is seeking to recover here from the City of West Memphis, and unless this action is stayed Gurley could obtain a double recovery. The City of West Memphis attached to its motion copies of pleadings from the adversarial proceeding. Those pleadings show that the adversarial proceeding concerns a different site, not the site at issue here. Therefore, the motion to stay is DENIED. Document #46.

IT IS SO ORDERED this 8th day of February, 2007.

20070208

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