The following excerpt is from Simmons v. Sumner, 923 F.2d 863 (9th Cir. 1990):
In light of the above considerations, it cannot be said that the district court abused its discretion by denying the appellants' request for a preliminary injunction, see United States v. Orr Water Ditch Co., 914 F.2d 1302, 1307 (9th Cir.1990), nor that it erred by dismissing the action for failing to state a claim upon which relief could be granted.
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