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Moose Creek, Inc. v. Abercrombie & Fitch Co.

United States Court of Appeals, Ninth Circuit
Dec 10, 2004
114 F. App'x 921 (9th Cir. 2004)

Opinion

Submitted December 6, 2004.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Timothy J. Toohey, Esq., Pierce O'Donnell, Esq., Michael D. Murphy, Esq., O'Donnell & Shaeffer LLP, Los Angeles, CA, for Plaintiffs-Appellants.

Frank J. Colucci, Esq., Colucci & Umans, New York, NY, Lynda J. Zadra-Symes, Esq., for Defendants-Appellees.


Appeal from the United States District Court for the Central District of California, A. Howard Matz, District Judge, Presiding.

Before GOODWIN, WALLACE and TROTT, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.

We subject a district court's order regarding preliminary injunctive relief only to limited review. Walczak v. EPL Prolong, Inc., 198 F.3d 725, 730 (9th Cir.1999). Our review of an order regarding a preliminary injunction "is much more limited than review of an order involving a permanent injunction, where all conclusions of law are freely reviewable." Id. A decision regarding a preliminary injunction is reviewed for abuse of discretion, which occurs only if the district court based its decision on either an erroneous legal standard or clearly erroneous factual findings. Id.

The district court did not abuse its discretion here. We therefore affirm the district court's order denying the preliminary injunction. Our disposition will affect the rights of the parties only until the district court renders final judgment. Sports Form, Inc. v. United Press International, 686 F.2d 750, 752 (9th Cir.1982).

AFFIRMED.


Summaries of

Moose Creek, Inc. v. Abercrombie & Fitch Co.

United States Court of Appeals, Ninth Circuit
Dec 10, 2004
114 F. App'x 921 (9th Cir. 2004)
Case details for

Moose Creek, Inc. v. Abercrombie & Fitch Co.

Case Details

Full title:MOOSE CREEK, INC., a California corporation; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 10, 2004

Citations

114 F. App'x 921 (9th Cir. 2004)

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