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Duncan McIntosh Co., Inc. v. Newport Dunes Marina, LLC

United States Court of Appeals, Ninth Circuit
Jan 13, 2005
120 F. App'x 119 (9th Cir. 2005)

Opinion

Submitted Jan. 10, 2005.

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NOT FOR PUBLICATION.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)

Daniel J. Callahan, Esq., Konrad L. Trope, Esq., Sally L. Gersten, Stephen Z.

Page 120.

Vegh, Esq., Stephen E. Blaine, Esq., Callahan & Blaine, APLC, Santa Ana, CA, for Plaintiff-Appellee.

Elizabeth Kimberly Penfil, Esq., Call Jensen & Ferrell, Newport Beach, CA, for Defendants.

Paul J. Marron, Esq., Marron & Associates, Long Beach, CA, for Defendant-Appellant.


Appeal from the United States District Court for the Central District of California, Alicemarie H. Stotler, District Judge, Presiding. D.C. No. CV-04-00312-AHS.

Before: BEEZER, HALL and SILVERMAN, 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.

These preliminary injunction appeals come 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.

We cannot say that the district court abused its discretion here. We therefore affirm the district court's order granting 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

Duncan McIntosh Co., Inc. v. Newport Dunes Marina, LLC

United States Court of Appeals, Ninth Circuit
Jan 13, 2005
120 F. App'x 119 (9th Cir. 2005)
Case details for

Duncan McIntosh Co., Inc. v. Newport Dunes Marina, LLC

Case Details

Full title:DUNCAN MCINTOSH COMPANY, INC., Plaintiff--Appellee, v. NEWPORT DUNES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 13, 2005

Citations

120 F. App'x 119 (9th Cir. 2005)

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