Dragor Shipping Corporation, Formerly Ward Industries Corporation v. Union Tank Car Company, a Corporation

The district court rendered judgment in the amount of $1,037,500 in favor of plaintiff Union Tank Car Company (Union), and against defendant Dragor Shipping Corporation (Dragor). Dragor appealed, and we reversed. Dragor Shipping Corporation v. Union Tank Car Company, 9 Cir., 361 F.2d 43 . Union then moved this court to stay its mandate, pursuant to 28 U.S.C. § 2101 (f) (1964), on the ground that Union intended to petition the Supreme Court of the United States for a writ of certiorari.

Dragor opposed the motion and also argued that, if a stay is granted, it should be conditioned upon the filing of a “supersedeas” bond in the sum of approximately six thousand dollars, obligating Union to answer “for all damages and costs which the other party may sustain by reason of the stay.” The quoted language was taken from 28 U.S.C. § 2101 (f) (1964), but that statute does not refer to the bond therein provided for as a “supersedeas” bond. Explaining why the bond should be in the amount of six thousand dollars, Dragor noted that this sum “ * * * represents the judgment of costs to be entered in favor of Dragor upon this Court’s reversal of the judgment of the district court.” The judgment…