Application for an injunction and/or stay of Court of Appeals'
mandate, pending the filing of a petition for certiorari, for the
purpose of stopping the construction of a gymnasium at Kent State
University, is denied, where similar applications are pending in
the District Court and Court of Appeals, both of which are in a
position far superior to that of an individual Justice fairly to
assess the merits of applicants' position.
See: 570 F.2d 563.
MR. JUSTICE STEWART, Circuit. Justice.
This is an application for an injunction and/or a stay of
mandate of the United States Court of Appeals for the Sixth
Circuit, pending the filing of a petition for certiorari in this
Court. Its purpose is to secure from me, as Sixth Circuit Justice,
an order stopping for the time being the construction of a
gymnasium on a site at Kent State University in Ohio. The claim is
that only such an order will prevent the obliteration of evidence
necessary to a fair retrial of a lawsuit in which the applicants
are plaintiffs.
Similar applications are now pending in the United States
District Court for the Northern District of Ohio and in the United
States Court of Appeals for the Sixth Circuit. Because of the
intimate familiarity with the factual environment of this
litigation acquired by those courts during the original trial and
appeal, they are both now in a position far superior to that of an
individual Justice of this Court fairly to assess the merits of the
applicants' position.
Accordingly, the application is hereby denied, without
Page 434 U. S. 1336
prejudice to the right of the applicants to continue to pursue
similar relief in the District Court and/or the Court of Appeals,
or to petition this Court for certiorari.
It is so ordered.
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