12 Fair empl.prac.cas. 1514, 12 Empl. Prac. Dec. P 10,959 Leon Jones, Etc. v. Pacific Intermountain Express

This is an appeal from a denial of a motion for preliminary injunction. Our jurisdiction rests solely on 28 U.S.C. § 1292 (a)(1), which allows appeals from interlocutory orders denying injunctive relief.

We affirm.

As has been said by this Court on many occasions, and reiterated as recently as March, 1976:

Federal Trade Commission v. Simeon Management Corporation, 532 F.2d 708 , (9th Cir. 1976). The granting or withholding of a preliminary injunction rests in the sound discretion of the trial court, and among other factors to be considered are whether irreparable harm will result absent such stay, and whether there is a likelihood that the moving party will prevail on the merits.

This appeal rests as to jurisdiction upon one of the five exceptions listed in 28 U.S.C. § 1292 , allowing an appeal without the usual requirement of finality in the trial court’s action. These exceptions have been carved out by the Congress to “permit litigants to effectually challenge interlocutory orders of serious, perhaps irreparable, consequence.”

Thus but two areas of inquiry are open to a reviewing court in this type of an appeal:

(1) Will irreparable harm result absent a stay?

(2)…