UNITED STATES COURT OF APPEAL S' J , 
,Cr th D ;^ Cn i.n 
DISTRICT OF COLUMBIA Cl 
of 
i ji '•</, 
G e C , 
; O r 
'■o/.w-- 
Mar 
/J P’. ' v 
C -Wt 
° 
No. 78-1156 
FERDINARD J . MACK, JR. , 
Appel 1 ant 
-15 
V . 
JOSEPH A. CALIFANO, JR., ET AL . , 
Appellees 
OPPOSITION TO MOTION FOR AN INJUNCTION 
PENDING APPEAL 
This case, facially, simply represents an appeal 
from the denial of a preliminary injunction. The Court is 
now being asked to rule on a motion for an injunction pending 
appeal, from the denial of a preliminary injunction. The 
tests for any such injunctive relief, either in this Court 
or in the district court are set out and refined in 
Washington Metropolitan Area, Etc, v. Holiday Tours , 
U.S.App.D.C. , 559 F . 2d 841 (1 977 ). The tests may 
be summarized as follows: (1) Does the petitioner have a 
serious legal case to present; (2) Will the petitioner be 
irreparably injured without relief; (3) Will a stay 
substantially injure others; (4) Where lies the public 
i nterest . 
i/ 
to Defendants' Memorandum in Opposition to 
s Motion for a Preliminary Injunction . 
[Appendix C — 23] 
