Professional Documents
Culture Documents
Sc
__
injunction
issued
This
is an
appeal from
pursuant
to
prohibiting
defendants-appellants
the
a
Age
621 et
__
Commonwealth
of
McCauley, Executive
Retirement
Board,
Director
from enforcing
the
of the
Massachusetts
statutorily mandated
In
enacted
which
December
1991 Mass.
called
1991,
the Massachusetts
for,
inter
_____
Police,
with
its
three
District
Commission Police
Vehicles
Law
Capitol
Enforcement
Police.
The
(effective July
alia, the
____
smaller
Division
of
Division of
forces, the
("MDC"),
1, 1992),
consolidation
force, the
newly
legislature
State
Metropolitan
the Registry
("Registry"),
consolidated
the
of Motor
and
police force
the
is
the consolidation,
and Capitol
Police
officers of
were subject
to a
the MDC,
mandatory
of State
____________________
1. For purposes of clarity, however, throughout this opinion
we refer to the new Department of State Police as the
"Consolidated Department."
-22
Police
were
Section
subject to
122
retirement
of
ages
Consolidated
a mandatory
Chapter
and
412
declared
retirement age
repealed
those
that
members
all
of 50.
mandatory
of
the
the former
action seeking
mandatory
MDC and
Registry divisions,2
623(a)(1).
commenced this
On December
See 29 U.S.C.
___
that same
for preliminary
Massachusetts,
_____________
injunctive
relief.
See Gately
___ ______
v.
This appeal
followed.
II.
II.
___
The Preliminary Injunction Standard
The Preliminary Injunction Standard
___________________________________
In
injunction, a
factors:
deciding
whether
district court
to
grant
preliminary
following four
of the movant's
success on the
____________________
2. The complaint lists 45 officers, 30 of whom
age of 55 or older on December 31, 1992.
reached the
-33
the hardship to
the movant if
interim relief is
withheld,"
4, 5
(1st
of a
However,
F.2d 11, 12
F.2d 6,
(1st Cir.
1987)
the merits."
See
___
("The heart
of the
matter
is
the plaintiff's
merits, outweighs
defendants.'")
likelihood of eventual
the
harm the
success on
injunction will
cause
party
bears
the
heavy
Guilbert,
________
can
as to
best be
grant
burden
of
trial
preliminary
showing
5.
that
the
law or abused
See also
___ ____
granting or
made by
of
a mistake of
934 F.2d at
1989) ("Decisions
redress
its discretion.
Corp.
_____
appealing
K-Mart
______
withholding injunctive
courts steeped
in the
-44
admitted that
the
evidence relative
Although the
to the
second,
at 31.
Accordingly, it
requested
preliminary injunction.
On
appeal,
court's application
defendants
of all
generally
challenge
four criteria.
the
Having reviewed
criteria.
warranted only as to
We therefore
adopt the
district court's
whether
likelihood
irreparable
the
court
correctly
of success at
harm
to
presaged (a)
trial, and
plaintiffs
in
injunction.
III.
III.
____
Discussion
Discussion
__________
A. Plaintiffs' Likelihood of Success
_____________________________________
(b) the
the
plaintiffs'
potential for
absence
of
an
. . because
-55
of such individual's
The ADEA
employers
age . .
. ."
29 U.S.C.
limited
flexibility
exception," the
is
bona
to
take
age
fide
29 U.S.C.
into
Commonly referred to as
age
623(a)(1).
"to take
[the statute]
occupational
. .
qualification
As noted by
the
prohibition' of age
discrimination contained
321,
334 (1977)).
In
test
for
Criswell, the
________
courts
to use
"extremely narrow"
Court
in
enunciated a
discerning
BFOQ exception.
Id.
___
the
two-pronged
width of
the
at 412-20 (adopting
prong,
show
the
qualification
employer
at
must
issue
is
be
able
to
"reasonably
__________
necessary
_________
that
the
to
the
Criswell).
________
The
second
prong
requires that
the
-66
employer
justify
its
use
of
age
as
proxy
for
that
qualification.
Providence,
__________
Criswell,
________
472 U.S.
F.2d
528.
798
at
"`had reasonable
basis for
_____
cause to
believing, that
at
Justification
can
show that
is, a
all or substantially
be
factual
_______
all persons
job involved.'"
(quoting
531
at
235)
can
establish
Usery,
_____
Alternatively,
`impossible
the
F.2d
employer
or highly
impractical' to
(emphasis
added).
that
"it
deal with
is
the older
controlling
plaintiffs'
in
this
EEOC v.
____
Cir.), cert.
_____
I");
_
and
amendment
(2)
denied, 469
______
plaintiffs'
to the ADEA.
forecloses
are
U.S.C.
1 (1st
U.S. 1036
claims
See 29
___
circuit
likelihood of success
precedent
claims, see
___
the district
(1984) ("Trabucco
________
barred
623(j).
by
1986
We address
-77
finding
that
statutorily mandated
Trabucco I,
___________
subsequently
principles.
738 F.2d
the
Massachusetts
retirement age
at
reaffirmed
37-42,
of 50
and a
Trabucco I
___________
State
Police's
was a
BFOQ, see
___
case
on
in
which we
stare
_____
decisis
_______
Defendants'
law in a
___
or other courts
the doctrines
doctrine
of
stare decisis]
______________
decision.
"[U]nlike
is not
narrowly
confined
is
broad
earlier litigation."
in
from the
doctrine
to
impact, reaching
strangers
to
the
Id.
___
The essential
principles of
stare decisis
_____ _______
described as follows:
(1) an issue of law must have been heard
and decided; (2) if an issue is not
argued, or though argued is ignored by
the court, or is reserved, the decision
does not constitute a precedent to be
followed; (3) a decision is stare decisis
_____ _______
despite the contention that the court was
not properly instructed by counsel on the
-88
may be
Fidelity to
this principle
promotes "stability,
authority."
112
S. Ct.
Hilton
______
560, 564
(1991).
As stare
_____
however, a
not
decisis is
_______
decision dependent
necessarily controlling
analysis
of
the same
different record.
F.2d 1029, 1031
of law,
facts is
precedent
question
on
as
to a
subsequent
different facts
and
Cf. Gavin v.
___ _____
Chernoff 546
________
to
much the
rejected[,
change
same as
those considered
and [previously]
in circumstances
justifying
reconsideration of
the
here.
-99
ch. 32,
the
26(3)(a),
Division of
Division
State Police,
generally,
while a
violated the
valid BFOQ
ADEA
as
the state
police, regardless of
desk jobs.
subject
military
the
the
We reversed,
had field
or
qualification'
vocation
for the
applied to
50 for
rather
to
means
than
all the
more
a
of
and
discrete
for
an
employee
and benefits
of
a quasi-
desk assignment
obligations
organization").
recognized
Id. at 37.
___
the district
court ruling,
but before
our
reversal,
same
the EEOC
mandatory
brought an
retirement
action challenging
statute.
principles
contended
that,
of
stare
_____
because
decisis.
_______
the very
The district
court,
appeal,
plaintiff Mahoney
had
the
EEOC
offered no
evidence at trial to
the
precedential value.
decision lacked
F.2d at
law.
4.
It
testimony that
that it
the expert
by plaintiff Mahoney.
-1010
id.
___
at 4, we analyzed
Mahoney raised
and argued,
Id. at
at bar was
___
addressed
by
Mahoney in
rejected
the
his
litigation,
even if
EEOC's
attempt
to
As
reopen
not
as
a result,
that
issue.
Trabucco II, 791 F.2d at 4-5 ("We have found no case, nor has
___________
appellant cited
a weak or ineffective
presentation in a prior
case deprives
foreclose the
whether
instant action.
mandatory retirement
intensive
inquiry.
(discussing
fact-based
age is
Criswell,
________
nature
a
472
of
question of
BFOQ is
U.S.
a fact-
at
417-23
the BFOQ
defense);
U.S. 353,
362 (1985)
the
See
___
First, the
factual showing"
____________________
3.
of the
[Trabucco I]
__________
litigation, but could have intervened in
the district court or could have filed an
amicus brief on appeal.
That it did
neither was attributed to its assessment
that the decision would not be given
stare decisis effect and
to certain
_____ _______
practical problems, such as obtaining
expert witnesses.
Trabucco II, 791 F.2d at 4.
___________
-11-
11
required
by
the
qualification
ADEA
U.S. 889
757
F.2d
preferably ones
by a
1358
claiming
an
age
(1st
upon factual
jury."), cert.
_____
denied, 488
______
Cir.
1985)
("We
must
reject
employer
appellant's attempt . . .
that
an
of
matter of
proof.").
See
___
also Monroe
____ ______
position
v. United Air
___________
Lines, Inc., 736 F.2d 394, 405 (7th Cir. 1984) ("a once-valid
___________
BFOQ
may lose
science.
That
its
justification with
advances in
medical
a BFOQ in 1978
U.S.
district
1004 (1985).
Here,
the
facts--as found
by the
II in one crucial
__
respect.
In the instant
case, plaintiffs
an
effective
proxy
for
suitability
to serve in a
Landy
al.,
et
determining
an
age is
individual's
See Frank J.
___
Alternatives
to Chronological
Age in
__________________________________________
31,
1992).
district court
And,
as
it
made
clear below,
the
See Gately,
___ ______
-1212
811
F.
Supp. at
authoritative
currently
identifying
31
("Here .
evidence
. the
presented states
available tests
officers who
are
most
unequivocally that
more effective
may be unable
thorough and
than age
to perform
in
the law
required of them.").
We
facts in this
In Trabucco I, which
__________
in critical respects as
this court
applied a standard
more lenient
than that
first prong
of the test--whether
age was
a BFOQ.
In
age
Trabucco I, 738
__________
statute
is
reasonableness."
(explaining
one
F.2d at 37.
A year
of
`reasonable
necessity,'
further
that
later, the
"age
something
more than
The Court
qualifications
`convenient' or
not
[must]
`reasonable'. .
be
. .).
`was in
-1313
prohibition' of age
discrimination contained
in the
ADEA."
Further, in a
that an
which must be
employer
showing" that
age
qualification at issue.
must
met in these
make
is an
cases,
"particularized,
effective
proxy for
the
court's
decided
under
the
more
and
was
based
standard,
conclusion
"particularized,
question.
factual
that
Trabucco I,
___________
lenient
on
"reasonable
less
showing,"
which
than
has
relation"
the
been
was
required
called
into
set of facts,
a newly crafted
set of legal
a different
rules, and,
as
As a
1986 amendment
to the
ADEA which,
they contend,
We disagree.4
____________________
4. Although the
district court
did not address
the
applicability of this amendment, it is purely a matter of
statutory interpretation, and therefore a question of law
which we can review in the first instance. Cf. In re Erin
___ __________
Food Servs., Inc., 980 F.2d 792, 799 (1st Cir. 1992).
_________________
-1414
The
the language of
task of
statutory interpretation
1992).
begins with
must be
703, 706
(1st Cir.
expires
local officials a
which
on December
took effect
31, 1993,
on January
gives states
1,
and
within which
v.
Wyoming,
_______
prohibition
It was on that
460
U.S. 226
against mandatory
(1983),
that
retirement was
case of
the
ADEA's
applicable to
ch.
32,
26(3)(a), in
__
retirement at age 50
of
effect on
______
March 3,
applicable
1983, mandated
former Division
26(3)(a) was not
applicable to
the members
of the
former Division
of State
Police have
Consolidated
contend that
now been
Department.
assumed by
In effect,
the members
of
of the
therefore, defendants
not
December
support this
31, 1993,
result.
expiration
states to
on
retire an
individual law
enforcement officer
on the
basis of
age of . . .
age if
retirement in
__
-1616
. . ."
29 U.S.C.
1983, the
retire
at
"attained
age
the
65.
age
Therefore,
of .
applicable state or
local law
as
On March 3,
required them to
plaintiffs
retirement
on March 3,
have
in effect
1983,"
not
under
623(j)
be
sure, the
clarity.
Yet, in
623(j),
defendants
phraseology
their effort
ignore
to read
the
that the
is not
language compels
word
model of
a loophole into
"individual,"
When read as
which
a whole, we
the conclusion
that the
were to construe
the statute as
being
ambiguous,
however,
we
do
not
believe
Senator Wendell
primary architects
statute,
of the
Ford of
Kentucky, one of
Congress intended
while at
623(j)
the same
time
was in effect
defendants'
"to provide
that
at the
As
the
of this
relief to
respond to [EEOC v.
____
ensuring that
no lesser
Wyoming] was
_______
____________________
6. We want to make clear, however, that we do not read
623(j)(1) as allowing those officers who may have elected to
transfer out of the MDC, Registry, or Capitol Police and into
the Division of State Police to claim the retirement age
applicable to them on March 3, 1983.
-1717
decided."
132
16,
states
grace
period of
retirement
plans
seven
for
years during
law
enforcement
which
officers
Senator Ford
time certain
would
be
explained that
exempt
its
in our
view,
legislative history
advanced by defendants.
an
prohibition
Commonwealth's
insulate
language of
supports the
the
position
exception, limited in
ADEA's
neither the
on
reliance
this
duration, to the
retirement.
limited
exception
The
to
applicable
to
plaintiffs on
March
3,
1983, is
therefore
misplaced.
In a last ditch attempt, however, to persuade us of
623(j)'s applicability, defendants alternatively argue that
the statute is ambiguous, and, as such, any ambiguity must be
resolved in
position,
2395
In support
Gregory v.
_______
Ashcroft, 111
________
did
not preempt a
state constitutional
the
retirement of
state
(construing the
that case,
judges at
reasoned that
S. Ct.
provision mandating
age
70.
"policymaking" exception
the Court
of their
Id.
___
in
at 2408
630(f)).
state judges
In
are among
or
review
functions that
government.'"
Id.
___
the
broad public
go
to the
policy
heart of
[and
thus]
representative
of
qualifications
of
their
most
important
federalist system.
to
Id.
___
Gregory, construe
_______
power
federal statutes
plainest
terms.
Id.
___
at 2401-03.
not, according
to infringe
intent to do
Finding
on that
so in the
the text
of
exempt
state
judges,
the
Court
applied
the
"plain
-1919
statement"
rule,
ambiguity, we
intrude on
reasoning
will not
that
"[i]n the
face
attribute to Congress
state governmental
functions .
. .
of
such
an intent
."
to
Id. at
___
2406.
We have recently discussed the limited scope of the
Court's
holding in Gregory.
_______
district
Gregory,
_______
that
Cir. 1993).
court's
the
See
___
decision,
ADEA did
not
its
a
reversed
reading
of
state statute
requiring annual
age
seventy.
We
was "unwavering
its employees
at
desire to protect
state sovereignty
of its holding."
EEOC
____
v. Massachusetts,
_____________
questions at
likewise
Gregory's "plain
_______
action.
text
here.
of
defendants'
statement" rule
As discussed above,
argument
that
we find no
of
ambiguities in the
"plain statement"
to be
reject
111 S.
Ct.
also Hilton,
____ ______
112
S.
Ct. at
at 2406
of statutory construction
intent is
566
-2020
(explaining that
ambiguous").
(reiterating
the
See
___
same).
enforcement officers
where the
from
ADEA protect
forced retirement
in
cases
broad a reading.
issue
in
Gregory,
_______
"participate
directly
not
in
"constitutional officers"
the
formulation,
policy . . . ."
at
the
2401-02.
infringement
Thus,
of a
core
Court's
function
representative government"
is not
execution,
who
or
going
with
to the
present here.
federal
"heart
of
For these
we find
no
abuse of
discretion
or
to
motion
for injunctive
relief.
granting
In so
doing,
-2121
Because this
detailed
analysis
of Sampson,
_______
this case
in a
calls
for a
Sampson,
_______
federal
the
Supreme
employee,
who
Court
held
sought to
that
enjoin
a
her
Civil
Service
particularly strong
preliminary
relief.
Commission
showing of
Sampson,
_______
follows.
("CSC"),
had
irreparable
415 U.S.
to
make
harm to
at
obtain
91-92.
The
from the
defendant
government
agency,
the
plaintiff
filed
an
her, had
failed to follow
regulations.
Subsequently, she
applicable federal
filed an action
in federal
that the
of being
wrongfully discharged.
consider her
claim,
the district
court granted
Supreme
Court
reversed,
Finding
concluding
the
Id. at 66-67.
___
that
the
harm
-2222
not irreparable.
Id.
___
at 91-92.
The questions presented on appeal were twofold: (1)
whether
the
district
court
had
authority
to
issue
the
injunction,
and
warranted.
two
(2)
questions were
if
so,
whether
early in its
analytically
neatly "bifurcated."
injunction
was
related and
Id. at 68.
___
the
could not
be
Accordingly, discussion of
of
the other.
Although
the Court
ultimately answered
the first
question
multiple
factors which
district
court
issue.
was
weighed against
had authority
to
relief
administrative
effect which
remedies,
the grant
a finding
award
that the
the injunction
at
prior
to
and
the
having
exhausted
concomitant
of the temporary
her
"disruptive
relief .
. .
was
absence of any
injunction;
(4)
"the
well-established
the injunction;
this particular
rule
that
the
the
(internal
dispatch of
quotations
its own
internal
omitted);
-2323
and
affairs," id.
___
(5)
the
fact
at 83
that
plaintiff
was
probationary
Despite
conceded the
these
employee
entitled
considerations,
type of
few
the
injunction in this
to
Court
to issue an
it was
"not
divested
the
district
courts
of
their
customary
Id.
___
at 80 (emphasis added).
Importantly,
the
Court
then admonished
district
judges that, although the factors listed above did not render
them
"wholly bereft
of the
authority" to
grant injunctive
relief "in this class of cases," they could not exercise that
authority "without
Id.
___
Indeed,
to great
weight in
regard to those
factors."
whether
injunctive
again
reiterated the
Id.
___
the dispositive second question,
relief was
close analytical
warranted,
the Court
relationship between
preliminary injunctions
personnel cases.
in
Government
Id. at 84.
___
In analyzing
noted the
Court first
actually
irreparably
Id. at 89-91.
___
need to find
harmed,
and
that,
The Court
the proceedings,
that plaintiff was
in
any
event,
First,
irreparable
relief in
the
harm is
federal
Court
a
stated
critical element
court.
Id. at
___
showing
that
injunctive
Second, the
Court
of temporary loss
of
irreparable
harm.
of any
88.
unequivocally
can be
recouped
Even
under
traditional
at the
end of
trial, "does
not
Id. at 90.7
___
____________________
7. This premise had particular force in a Civil Service
case, the Court explained, because of the Back Pay Act, 5
U.S.C.
5596(b)(1), which provides a wrongfully discharged
Civil Service employee with full payment and benefits for the
time period she was out of work. The Court noted that the
Act's
legislative
history
suggested
that
"Congress
contemplated
that it would be the usual, if not the
exclusive, remedy for wrongful discharge." Id. at 90-91.
___
-2525
As
reputation,
for
the
plaintiff's
Court
found
allegations
of
them unpersuasive.
harm
to
It
was
difficult
agency's
her
to
imagine,
according
to
the
Court,
how
the
discharge could
especially
where
cause harm
any
damage
to
plaintiff's reputation,
could
be
undone
by
an
plaintiff had
made a satisfactory
showing of
is a
this
following
type of
case."
this holding,
Id. at
___
the
Court
91-92.
In a
provided the
caveat:
We recognize that cases may arise in
which the circumstances surrounding an
employee's discharge, together with the
resultant effect on the employee, may so
far depart from the normal situation that
irreparable injury might be found.
Such
extraordinary cases
are difficult to
define in advance of their occurrence.
We have held that an insufficiency of
savings or difficulties in immediately
obtaining
other
employment--external
factors
common
to
most
discharged
employees and not attributable to any
unusual actions relating to the discharge
itself--will not support a finding of
irreparable injury, however severely they
may affect a particular individual. But
we do not wish to be understood as
foreclosing
relief in
the genuinely
extraordinary situation.
Use of the
-2626
footnote
following
dispense
affording
with the
requirement in
temporary loss
case, see,
___
of income
in the usual
e.g., Levesque v.
____ ________
Maine, 587
_____
plaintiff's
"possible loss
irreparable harm);
agency
harm
employee discharge
F.2d
irreparable
and that,
of earnings"
did not
before enjoining
irreparable
harm
a government
amount to
court must
"genuinely
extraordinary."
E.g.,
____
Soldevila v.
_________
(1st Cir.
1975).
Sampson
_______
also
stands
the
general
plaintiff
increases
including
the failure
which cut
against a
to
in
the
presence
of
exhaust administrative
factors,
remedies,
to issue
-2727
equitable
relief.
(1st Cir.
1984)
See Chilcott
___ ________
("In view
against interfering
forces, we will apply
applications
for
with the
of
v. Orr, 747
___
the strong
internal affairs of
injunctions
policy
the armed
Sampson to
_______
by
military
F.2d 942,
the
equitable
balancing
process
preliminary
[and
relief
that] an
outside
person
seeking
scheme
showing of
to justify
the disruption
of the
the
aggrieved
statutory
prescribed administrative
process . . . .").
In
courts
interpreting
Sampson, however,
_______
numerous other
for relief.
See, e.g.,
___ ____
Stewart
_______
199-200
666
E.E.O.C. v.
________
1987)
(2d Cir.
F.2d 1037,
1985);
1040-44 (6th
Cosmair, Inc.,
_____________
(holding
that
E.E.O.C.
________
821
irreparable
v. Anchor Hocking
_______________
Cir.
F.2d 1085,
harm
is
1981).
But see
___ ___
1090 (5th
Cir.
presumed
where
-2828
Such a conclusion
is predicated,
in our
opinion,
As
the
Court itself
the questions
of
made
clear early
whether the
in
its
district court
had
finding
was
proper were
not
analytically
distinct.
the
account the
leaving the
Court explained
Court's
that
showing of
conclusion
Before
an
extraordinary
As such,
showing of
____________________
8.
In
those
heightened
cases
standard,
in
we
which
we
have
have relied
applied
upon
Sampson's
_______
the plaintiff's
failure
to exhaust available
administrative remedies.
See
___
sought
Chilcott, 747
F.2d at 31-33 (plaintiff
airman
________
injunction without seeking relief before appropriate Air
Force administrative boards); Bailey, 722 F.2d at 943-45
______
(plaintiff sought injunction prior to exhausting Title VII
remedies); Soldevila, 512 F.2d at 429-30 (plaintiff civil
_________
servant sought injunction prior to exhausting CSC appeals
process).
Thus,
the precise
question of
Sampson's
_______
applicability where
a plaintiff has
no administrative
remedies to exhaust is one of first impression in this
circuit.
-2929
irreparable harm
hardly surprising.
Needless to
opinion,
to
require
discharged employees'
they
applied.
Rather,
the
Court
plaintiff's
a district
in
Sampson
_______
repeatedly
requests for
Nothing
not present in
court
to
injunctive relief
suggests that
referred to
the
showing "falls
far
weigh
short of
all
as if
result.
fact-bound
stated that
the
type of
injury
which is a necessary
temporary
predicate to the
of case."
__ ____
issuance of a
Id. at 91-92.
___
____________________
9.
the district
court unquestionably
had
626(b),
irreparable
harm
reputational
that they
(c);
go
(3)
plaintiffs'
beyond
injury; and
temporary
allegations
loss
(4) plaintiffs'
of
are
pay
of
or
not claiming
procedural safeguards
rights will
Thus,
be violated
all the
authority
factors which
to issue
factors
which
consideration
in the
court
in weighing
not
was
so tenuous
required
here.
discharge.
district court's
in Sampson-_______
to
the plaintiff's
present
of their
rendered the
the injunction
the
allegations--are
event
take
into
irreparable harm
We
do
not
think,
to
overcome
"the traditional
unwillingness
of
sufficient, although
irreparable harm.
See Gately,
___ ______
not
plaintiffs had
overwhelming,
811 F. Supp. at
showing of
27-28.
The
found that
reinstatement
would not
be an
First, the
available
-3131
on the merits,
Id. at 27.
___
Second, the
time of transition,
that of the
thus impairing
Like
question
against
the
injunction
their effectiveness
ultimately reinstated."10
harm
is the
court, we view
close call.
district
Id. at 27.
___
the district
as a
and
court's
wide latitude
the irreparable
The sole
authority
factor cutting
to
issue
traditionally granted
this
the
government
in dispatching
the
83.
district
its
own internal
affairs.
And, in accordance
court
took
See
___
with Sampson's
_______
this
factor
into
Gately, 811 F.
______
Supp.
into
at
28
(balancing
governmental affairs
with
the
harm
concluding
the
that would
to plaintiffs
that
any
intrusion
harm
result from
in
to
the
the injunction
absence
defendants
internal
was
of it,
and
minimal
by
____________________
10. We recognize that the consolidation process had an
anticipated completion date of June 30, 1993. On the basis
of this record, however, we have no way of determining
whether the process has, in fact, been completed.
-3232
comparison).
equities
and
Ultimately, the
determined
that,
district court
particularly
balanced the
in
light
of
court
in weighing
irreparable harm,
1987)),
say that
566, 575-76
the district
court
Accordingly,
court's
unpersuasive.
decision.
sum,
we find
the
issuance
of
Accordingly, we
Affirmed.
Affirmed.
_________
challenges
the
preliminary
affirm the
Costs to appellees.
Costs to appellees.
___________________
-3333
leveled at
the
injunction
district court's