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Sierra Club v. Morton

Citation: 2 ELR 20576
No. No. 51464, 348 F. Supp. 219/4 ERC 1561/(N.D. Cal., 09/12/1972) Motion to dismiss complaint denied

The decision of a trial court or an appellate court, denying a preliminary injunction partially on the grounds that plaintiffs were not likely to prevail on the merits, does not so establish the "law of the case" as to estop either the parties or the court from proceeding with the case on its merits....

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