# American Tunaboat Ass'n v. Brown

> Court of Appeals for the Ninth Circuit · October 10, 1995 · 67 F.3d 1404

URL: https://www.frixlaw.com/law-library/cases/6936540

## Case

- **Full name:** AMERICAN TUNABOAT ASSOCIATION Bonjenval Holdings, Ltd., a corporation individually and on behalf of all persons similarly situated v. Ronald H. BROWN, Secretary of Commerce
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** October 10, 1995
- **Citations:** 67 F.3d 1404; 1995 WL 592803
- **Precedential status:** Published
- **Opinion:** Concurring in part by Rymer
- **Judges:** Fletcher, Pregerson, Rymer
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6936540

## How later opinions describe it (automated extraction)

- holding that an appeal from the denial of a preliminary injunction prohibiting the federal government from temporarily closing certain tuna fisheries was moot because the fisheries had reopened by the time the appeal was argued
- holding that the “appeal of the district court’s denial of its application for a preliminary injunction is moot” because the regulation sought to be enjoined was no longer in effect
- holding plaintiffs appeal of the denial of a preliminary injunction moot where defendant’s directive no longer in effect

## Opinion text

RYMER, Circuit Judge,
concurring in part and dissenting in part:
Although as a practical matter it makes good sense to go ahead and resolve the appeal from the district court’s entry of summary judgment, it is only a partial summary *1412 judgment. Since the preliminary injunction is moot, the partial summary judgment doesn’t seem to me to act to deny any preliminary relief. Because I think we therefore lack jurisdiction over the summary judgment issues, I concur only in Parts La and 2 of the opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6936540. Public record. Not legal advice.