Sap America, Inc., a Delaware Corporation, Plaintiff-appellee, v. Kensington & Taylor, a California Corporation; et al.,defendants-appellants, 134 F.3d 379 (9th Cir. 1998)

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U.S. Court of Appeals for the Ninth Circuit - 134 F.3d 379 (9th Cir. 1998)

Submitted Jan. 12, 1998. **Decided Jan. 21, 1998


Before: BROWNING, KLEINFELD and THOMAS, Circuit Judges

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 the existence of serious questions going to the merits and the balance of hardships tipping in appellee's favor was sufficient to warrant the preliminary injunctive relief. See id.; see also Sports Form, Inc. v. United Press Int'l. Inc., 686 F.2d 750, 753 (9th Cir. 1982) (stating legal standards governing issuance of preliminary injunction) Moreover, the court's factual findings are not clearly erroneous. See Chandler, 83 F.3d at 1152.

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

 **

The panel unanimously agrees that this case is appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and Ninth Cir. R. 34-4

 *

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 Cir. R. 36-3