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RAILWAY LABOR EXECUTIVES v. CITY OF GALVESTON

United States Court of Appeals, Fifth Circuit.
Apr 18, 1990
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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 ยง 2962, at 631-32 (1973).