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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rucker v. Davis, 237 F.3d 1113 (2001)

Citation
Rucker v. Davis, 237 F.3d 1113 (2001)
Parent Document
Rucker v. Davis, 237 F.3d 1113 (2001)
Effective Date
2001-01-24

Other Sections in This Document (190)

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Of course, there will be cases in which the district court’s interpretation of the law with respect to the underlying issues is challenged, and the resolution of such a legal question will be dispositive. If a district court’s ruling rests solely on a legal question, and the facts are established or of no controlling relevance, then we may undertake a plenary review of the decision to grant a preliminary injunction. Gorbach, 219 F.3d at 1091 (citing Thornburgh v. American College of Obstetricians & Gynecologists, 476 U.S. 747, 755-57, 106 S.Ct. 2169, 90 L.Ed.2d 779 (1986), overruled in part on other grounds, Planned Parenthood v. Casey, 505 U.S. *1119833, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992)).