Railway Labor Executives' Ass'n v. City of Galveston, Tex., By and Through Bd. of Trustees of Galveston Wharves
| Decision Date | 18 April 1990 |
| Docket Number | No. 90-2070,90-2070 |
| Citation | 898 F.2d 481 |
| Parties | 134 L.R.R.M. (BNA) 2088, 115 Lab.Cas. P 10,002 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. |
| Court | U.S. Court of Appeals — Fifth Circuit |
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.
Appeal from the United States District Court for the Southern District of Texas.
Before RUBIN, POLITZ, and DUHE, Circuit Judges.
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, 1 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.
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