Can a motion for an injunction pending appeal be granted pending appeal?
MultiRegion, United States of America
The following excerpt is from Drakes Bay Oyster Co. v. Jewell, D.C. No. 4:12-cv-06134-YGR, No. 13-15227 (9th Cir. 2013):
4. A motions panel granted Drakes Bay's emergency motion for an injunction pending appeal "because there are serious legal questions and the balance of hardships tips sharply in appellants' favor." With the benefit of full briefing and argument, we need not defer to the motion panel's necessarily expedited decision. United States v. Houser, 804 F.2d 565, 568 (9th Cir. 1986).
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