Honolulu Star-Bulletin / Starbulletin.com

November 15, 1999

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF HAWAII, by Earl I. Anzai
Attorney General, State of Hawaii

Plaintiff-Appellee,

v.

GANNETT PACIFIC CORPORATION, a Hawaii corporation dba The Honolulu Advertiser, LIBERTY NEWSPAPERS LIMITED PARTNERSHIP, dba The Honolulu Star-bulletin; HAWAII NEWSPAPER AGENCY, a Delaware Limited Partnership,

Defendants-Appellants,

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)		 No. 99-17201


D.C. No. CV-99-00687-ack




MEMORANDUM 1

Appeal from the United States District Court
for the District of Hawaii
Alan C. Kay, District Judge, Presiding

Submitted November 15, 1999 2


1 This disposition is not appropriate for publication and may not be cited to or by the courts of this curcuit except as may be provided by 9th Cir. R. 36-3.
2 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Before: WALLACE, FARRIS, and T.G. NELSON, Circuit Judges

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

Our review of the granting of preliminary injunctive relief is limited to whether the district court abused its discretion. See Brookfield Communications Inc. v. West Coast Entertainment Corp., 174 F.3D 1036, 1045 (9th Cir. 1999). Under this standard, reversal is appropriate only if the district court based its decision on erroneous legal principles or on clearly erroneous findings of fact. Id. at 1047. It did not. See id. at 1054.

Our disposition of this interlocutory appeal may provide no guidance as to the appropriate disposition on the merits. It will affect the rights of the parties only until the district court renders judgement. See Sports Form, Inc. v. United Press Int'l, 686 F.2d 750, 753 (9th Cir. 1982).


The clerk of the court shall file the two reply briefs received by this court on November 10, 1999.

AFFIRMED

FILED
NOV 15 1999

CATHY A. CATTERSON, CLERK
U.S. COURT OF APPEALS