Confederated Bands and Tribes of the Yakama Nation v. Togo D. West, Secretary of the Army

74 F.3d 1245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CONFEDERATED BANDS AND TRIBES OF the YAKAMA NATION, Plaintiff-Appellant, v. Togo D. WEST, Secretary of the Army, et al., Defendants-Appellees. No. 95-36024. United States Court of Appeals, Ninth Circuit. Submitted Jan. 9, 1995. * Decided Jan. 11, 1996. Before: SNEED, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Confederated Tribes and Bands of The Yakama Nation (the "Nation") appeals the district court's denial of a preliminary injunction barring the United States Army from continuing its military training at the Yakima Training Center. The Nation contends that imposition of a preliminary injunction was appropriate to protect its rights under a Memorandum of Agreement entered into between the Nation and the Army. We have jurisdiction under 28 U.S.C. Sec. 1292 (a)(1), and we affirm. 1 3 A party seeking a preliminary injunction must show (1) a likelihood of success on the merits of its claim and the…