Railway Labor Executives' Association v. City of Galveston, Texas, Acting by and Through the Board of Trustees of the Galveston Wharves

898 F.2d 481, 134 L.R.R.M. (BNA) 2088, 1990 U.S. App. LEXIS 5773, 1990 WL 36224

Opinion

ALVIN B. RUBIN, Circuit Judge:

Because the pendency of the interlocutory appeal from the district court’s judgment denying the preliminary injunction did not divest the district court of jurisdiction to proceed with other aspects of the case, 1 that court did not act improperly in considering the plaintiff’s petition for a permanent injunction. For the reasons given in Railway Labor Executives’ Association v. City of Galveston, 897 F.2d 164 (5th Cir.1990), we affirm the district courts judgment denying that petition.

1 . See Fed.R.Civ.P. 62(c); Plaquemines Parish Comm'n Council v. United States, 416 F.2d 952, 954 (5th Cir.1969); 11 C. Wright & A. Miller, Federal Practice & Procedure § 2962, at 631-32 (1973).