Unpublished Disposition, 935 F.2d 275 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 935 F.2d 275 (9th Cir. 1991)

No. 90-15337.

United States Court of Appeals, Ninth Circuit.

Before FARRIS and TROTT, Circuit Judges, and DUMBAULD,*  District Judge.


The National Association of Trade and Technical Schools ("NATTS") appeals the grant of a preliminary injunction restraining it from revoking the accreditation of Statewide Oilfield Construction, Inc. d/b/a/ Golden State School. The bankruptcy court granted the injunction, and the district court affirmed. We dismiss the appeal for lack of jurisdiction.

The preliminary injunction order is not final, and the matter remains pending in the bankruptcy court. We therefore lack jurisdiction under both 28 U.S.C. § 1282(a) (1) and 28 U.S.C. § 158(d).1  Teleport Oil Co., Inc. v. Security Pac. Nat'l Bank (In re Teleport Oil Co., 759 F.2d 1376, 1378 (9th Cir. 1985); Allen v. Old Nat'l Bank of Washington (In re Allen), 896 F.2d 416, 418 (9th Cir. 1980); Dunkley v. Rega Properties, Ltd. (In re Rega Properties), 894 F.2d 1136, 1137-38 (9th Cir.), cert. denied, --- U.S. ----, 111 S. Ct. 251 (1990).

APPEAL DISMISSED. The mandate shall issue forthwith.


The Honorable Edward Dumbauld, Senior District Judge, Western District of Pennsylvania, sitting by designation


Congress has amended section 541(b) of the Bankruptcy Code to state that property of the bankruptcy estate does not include "any accreditation status ... of the debtor as an educational institution." Pub. L. No. 101-508, Sec. 3007(a) (2) (C), 104 Stat. 1388 (1991). Upon resumption of jurisdiction, the bankruptcy court shall consider the applicability of this law to the facts and circumstances of this case