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Gathright v. City of Portland, Oregon

United States Court of Appeals, Ninth Circuit
Sep 10, 2003
74 F. App'x 810 (9th Cir. 2003)

Opinion

Submitted September 8, 2003.

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NOT FOR PUBLICATION.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)

Appeal from the United States District Court for the District of Oregon, Ancer L. Haggerty, District Judge, Presiding.

Kelly E. Ford, Herbert G. Grey, Attorney at Law, Beaverton, OR, John M. Lotz, Aliso Veijo, CA, for Plaintiff-Appellee.

Harry Michael Auerbach, Office of The City Attorney, Portland, OR, for Defendant-Appellant.


Before PREGERSON, THOMAS and PAEZ, 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

Page 811.

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). 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, Inc., 686 F.2d 750, 752 (9th Cir.1982).

AFFIRMED.


Summaries of

Gathright v. City of Portland, Oregon

United States Court of Appeals, Ninth Circuit
Sep 10, 2003
74 F. App'x 810 (9th Cir. 2003)
Case details for

Gathright v. City of Portland, Oregon

Case Details

Full title:Edward GATHRIGHT, Plaintiff--Appellee, v. CITY OF PORTLAND, OREGON, a…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 10, 2003

Citations

74 F. App'x 810 (9th Cir. 2003)

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