ELR Citation: ELR 20467
No(s). 754-Civil (E.D.N.C. Aug 3, 1972)

Federal district court dissolves a preliminary injunction of the Chicod Creek Watershed Project for plaintiff's failure to file his required security bond pursuant to Rule 65(c) Fed. Civ. The court also denies plaintiff's motions for reconsideration, stay and continuation, and expedited trial. Preliminary injunction conditioned upon filing of security bond is ineffective until such bond is filed. Failure to file the bond results in dissolution of the injunction, since court finds the $75,000 amount of the bond reasonable and that plaintiff had ample opportunity to file it. Motion for stay of an order in an action in which injunctive relief is sought is within the discretion of the court pursuant to Rule 62(c) Fed. Civ. On facts of this case, including damage to defendants from delay, defendant's obedience to orders of the court, and defendant's preparation of a voluminous environmental impact statement, the motion for stay is denied. Trial on the merits, the court finds, must await the completion of discovery and the determination of several other pending motions.

Counsel for Plaintiff
J.G. Speth
Natural Resources Defense Council, Inc.
1710 N St., NW
Washington, DC 20036

Richard J. Wertheimer
Norton F. Temmille
Arnold & Porter
1229 Nineteenth St., NW
Washington, DC 20036

John G. Shaw
Clark, Clark, Shaw & Clark
210 E. Russell St.
Fayetteville, NC 28302

Counsel for Defendant
Warren Coolidge U.S. Attorney
John R. Hughes Assistant U.S. Attorney
U.S. Courthouse
Raleigh, NC

Counsel for Intervenors
Clifton Everett
Everett & Cheatham
Railroad St.
Bethel, NC 27891

Charles B. Winberry
Briggs, Meadows, & Batts
225 So. Franklin
Rocky Mtn., NC 27801

Frank W. Wooten Jr.
113 W. 3rd St.
Greenville, NC 27834