RAILWAY LABOR EXECUTIVES v. CITY OF GALVESTON

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Docket Number

No. 90-2070.

Advocates

John O.B. Clarke, Jr., Elizabeth A. Nadeau, Highsaw, Mahoney Clarke, Washington, D.C., Marc A. Zito, Jones Granger, Houston, Tex., for plaintiffs-appellants. Benjamin R. Powel, McCleod, Alexander, Powel Apffel, Galveston, Tex., Arthur L. Dent, III, Houston, Tex., for City of Galveston. Devin J. Dowd, Frank Dengelesi, Slover Loftus, Washington, D.C., for Galveston Ry. Richard T. Conway, Shea Gardner, Washington, D.C., for amicus curiae National Ry. Labor Conference.

Judges

Alvin Benjamin Rubin

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RAILWAY LABOR EXECUTIVES' ASSOCIATION, ET AL., PLAINTIFFS-APPELLANTS, v. CITY OF GALVESTON, TEXAS, ACTING BY AND THROUGH THE BOARD OF TRUSTEES OF THE GALVESTON WHARVES, DEFENDANTS-APPELLEES.

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, 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 court's judgment denying that petition.

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).

RAILWAY LABOR EXECUTIVES' ASSOCIATION, ET AL., PLAINTIFFS-APPELLANTS, v. CITY OF GALVESTON, TEXAS, ACTING BY AND THROUGH THE BOARD OF TRUSTEES OF THE GALVESTON WHARVES, DEFENDANTS-APPELLEES.

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