APCO's primary ground for appeal is that Mathews failed to offer any evidence to rebut APCO's legitimate, nondiscriminatory reasons for his discharge. If the Court does not award a stay and the judgment is reversed, APCO will be harmed if it cannot recoup sums paid in satisfaction of judgment and if its ability to provide adequate service during the winter is impeded by rehiring Mathews. Appellee seeks 90 day stay in order to prepare petition to United States Supreme Court. Refuse 4-1 Starcher, C.J. Petition for a Writ of Prohibition in SER D. R. v. Honorable John R. Frazier , No. 993061.
Petitioner seeks to prohibit further proceedings in a juvenile case.
It is argued that the issue of the existence of probable cause was previously decided such that proceedings are barred by concepts of res judicata and collateral estoppel. Judge Frazier determined that a finding of no probable cause is not an adjudication on the merits. Scott Segal No. Robert A. Burnside, Jr. , No. 993060. The petitioners are plaintiffs in toxic exposure litigation.