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concluding that citations to Clark, Robbins, and Swain are denials on procedural grounds
Summary of this case from Mitchell v. MartelOpinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Accordingly, Western's request for oral argument is denied.
D.C. No. CV-99-02032-JSL
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Appeal from the United States District Court for the Central District of California, J. Spencer Letts, District Judge, Presiding.
Before PREGERSON, FERNANDEZ, and WARDLAW, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 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.
Our inquiry is limited to whether the district court has abused its discretion in granting a preliminary injunction or based its decision on an erroneous legal standard or on clearly erroneous findings of fact. See Does 1-5 v. Chandler, 83 F.3d 1150, 1152 (9th Cir.1996).
The record before us shows that the district court did not rely upon an erroneous legal premise or abuse its discretion by preliminarily enjoining Western Filter Corp. from proceeding in the suit it filed in state court against Vickers Inc. See id.; see also Sports Form, Inc. v. United Press Int'l, Inc., 686 F.2d 750, 753 (9th Cir.1982) (stating legal standards governing issuance of preliminary injunction). Moreover, the court's factual findings are not clearly erroneous. See Chandler, 83 F.3d at 1152.
Accordingly, the district court's order is AFFIRMED.
We grant appellant's requests to take judicial notice, and deny appellant's motion to strike.