NOTICE:  THIS IS AN UNPUBLISHED OPINION.

 

(The Court's decision is referenced in a "Table of Decisions Without Reported Opinions" appearing in the Federal Reporter. Use FI CTA9 Rule 36-3 for rules regarding the citation of unpublished opinions.)

 

 

 United States Court of Appeals, Ninth Circuit.

PLAYBOY ENTERPRISES, INC., a Delaware corporation, Plaintiff-Appellant,

v.

Terri WELLES, Defendant-Appellee.

No. 98-55911.

D.C. No. CV-98-00413-K.

 

Submitted Oct. 20, 1998. [FN2]

 

FN2. The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4.

 

 

    Decided Oct. 27, 1998.

 

 Appeal from the United States District Court for the Southern District of  California, Judith N. Keep, Chief Judge, Presiding.

 

 Before T.G. NELSON, KLEINFELD and HAWKINS, Circuit Judges.

 

MEMORANDUM  [FN1]

 

FN1. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

 

 **1 This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. §  1292(a)(1), and we affirm.

 

 Our inquiry is limited to whether the district court abused its discretion in denying the preliminary injunction or based its decision on an erroneous legal standard or on clearly erroneous findings of fact. See Does 1-5 v. Chandler, 83 F.3d 1150, 1152 (9th Cir.1996).

 

 The record before us shows that the district court did not rely upon an erroneous legal premise or abuse its discretion in concluding that Playboy's showing of probable success on the merits and the possibility of irreparable injury was insufficient to warrant preliminary injunctive relief. See id.; see also Sports Form, Inc. v. United Press Int'l, Inc., 686 F.2d 750, 753 (9th Cir.1982) (discussing legal standards governing issuance of preliminary injunction.)

 

 Accordingly, the district court's denial of a preliminary injunction is AFFIRMED.

 

 •PLAYBOY ENTERPRISES, INC., Plaintiff-Appellant, v. Terri WELLES, Defendant-Appellee., 1998 WL 34106970 (Appellate Brief) (C.A.9 July 8, 1998), Appellant's Brief

 

 •PLAYBOY ENTERPRISES, INC., Plaintiff-Appellant, v. Terri WELLES, Defendant-Appellee., 1998 WL 34106964 (Appellate Brief) (C.A.9 August 31, 1998), Appellee's Brief

 

 •PLAYBOY ENTERPRISES, INC., Plaintiff-Appellant, v. Terri WELLES, Defendant-Appellee., 1998 WL 34106973 (Appellate Brief) (C.A.9 September 14, 1998), Appellant's Reply Brief

 

 •PLAYBOY ENTERPRISES, INC., Plaintiff-Appellant, v. Terri WELLES, Defendant-Appellee., 1998 WL 34106977 (Appellate Brief) (C.A.9 September 16, 1998), Appellant's Revised Reply Brief

 

 162 F.3d 1169 (Table), 1998 WL 750954 (9th Cir.(Cal.)) Unpublished Disposition

 

END OF DOCUMENT