Penny Creaton v. Margaret Heckler

Ninth Circuit

Penny Creaton v. Margaret Heckler

781 F.2d 1430, 1986 U.S. App. LEXIS 22202

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 7, 1986

Docket85-6019

StatusPublished

Cited by10 cases

This text of 781 F.2d 1430 (Penny Creaton v. Margaret Heckler) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Penny Creaton v. Margaret Heckler, 781 F.2d 1430, 1986 U.S. App. LEXIS 22202 (9th Cir. 1986).

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ORDER

Plaintiffs move to dismiss their interlocutory appeal from the district court’s denial of a preliminary injunction. We fail to see any circumstances “which demand, in the interests of justice, that this court deny appellant’s motion to voluntarily dismiss.” See Shellman v. United States Lines, Inc., 528 F.2d 675, 678 (9th Cir.1975). In dismissing the appeal, we simply accept plaintiffs’ decision to proceed to trial without interim relief from the district court. Therefore, the motion to dismiss this appeal pursuant to Fed.R.App.P. 42(b) is granted.

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ORDER

Plaintiffs move to dismiss their interlocutory appeal from the district court’s denial of a preliminary injunction. We fail to see any circumstances “which demand, in the interests of justice, that this court deny appellant’s motion to voluntarily dismiss.” See Shellman v. United States Lines, Inc., 528 F.2d 675, 678 (9th Cir.1975). In dismissing the appeal, we simply accept plaintiffs’ decision to proceed to trial without interim relief from the district court. Therefore, the motion to dismiss this appeal pursuant to Fed.R.App.P. 42(b) is granted.

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781 F.2d 1430, 1986 U.S. App. LEXIS 22202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penny-creaton-v-margaret-heckler-ca9-1986.

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