011677R1.U

FILED: May 29, 2001
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1677
VULCAN CHEMICAL TECHNOLOGIES, INCORPORATED;
VULCAN MATERIALS COMPANY,
Plaintiffs-Appellees,
versus
PHILLIP J. BARKER, d/b/a Sabra Asia,
Defendant-Appellant.
O R D E R
_______________
Upon motion of Barker and after considering the record and
briefs and argument of counsel, for the reasons expressed in an
opinion in writing this day filed, it is accordingly ADJUDGED and
ORDERED that the order of the district court appealed from, which
was filed May 24, 2001, shall be, and it hereby is, stayed during
the pendency of this appeal and until the further order of this
court.
Upon the motion of the Vulcan companies, that I stay this
order pending a reconsideration of the motion of Barker by a panel
of this court, I deny the motion for the reason that the Superior
Court of Sacramento County, California is awaiting the outcome of

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this proceeding, and I am advised that such hearing has been set
for 12:00 noon this date, Eastern Daylight Time. This order is
entered at 11:55 a.m. Eastern Daylight Time.
Each of the attorneys for all of the parties objected to every
adverse ruling contained in my opinion and in this order, for every
reason which may be supported by the record, and stated fully the
grounds for such objection.
Entered this 29th day of May, 2001, at 11:55 a.m.
/s/
__________________________
H. E. Widener, Jr.
United States Circuit Judge

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