Anheuser-busch, Inc., Plaintiff/appellee, v. Carpenters Local 29, an Unincorporated Association,defendant/appellant, 141 F.3d 1173 (9th Cir. 1998)

MEMORANDUM^* 

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 the 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 in concluding that appellee's showing of probable success on the merits and the possibility of irreparable injury was sufficient to warrant the preliminary injunctive relief. See San Antonio Community Hosp. v. Southern Cal. Dist. Council, 125 F.3d 1230, 1238-39 (9th Cir. 1997); see also Chandler, 83 F.3d at 1152. Moreover, we conclude that the court's factual findings regarding appellant's display of the controversial banner are not clearly erroneous. See San Antonio, 125 F.3d at 1239; Chandler, 83 F.3d at 1152. Thus, the district court did not err by concluding that the Norris-La Guardia Act does not deprive it of jurisdiction to issue the injunction. See 29 U.S.C. § 104(e); San Antonio, 125 F.3d at 1238-39.

Accordingly, the district court's grant of a preliminary injunction is AFFIRMED.¹