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Southex Exhibitions v. Rhode Island Builder, 00-1247 (2000)

Court: Court of Appeals for the First Circuit Number: 00-1247 Visitors: 5
Filed: Mar. 02, 2000
Latest Update: Mar. 02, 2020
Summary: , Although it bore the burden to do so, Southex makes, no developed argument in its brief on irreparable harm. See, e.g., United, States v. Zannino, 895 F.2d 1, 17 (1st Cir. , The district court referred briefly to harm on both sides, without discussing whether it would be irreparable;
USCA1 Opinion


       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals
For the First Circuit





No. 00-1247

SOUTHEX EXHIBITIONS, INC.,

Plaintiff, Appellant,

v.

RHODE ISLAND BUILDERS ASSOCIATION, INC.,

Defendant, Appellee.



APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Ernest C. Torres, U.S. District Judge]



Before

Boudin, Stahl and Lynch,
Circuit Judges.




Leland P. Schermer, Gregg D. Orsag and Sweeney Metz Fox
McGrann & Schermer, L.L.C. on brief for appellant.
James M. Sloan, III and Gardner, Sawyer, Gates & Sloan on
brief for appellee.





March 2, 2000







Per Curiam. Southex Exhibitions, Inc. ("Southex")
appeals from the denial of a preliminary injunction, and it has
requested an expedited decision. Neither party has requested
oral argument, and we have concluded that it is not necessary.
See 1st Cir. Loc. R. 34(b). We affirm.
Although it bore the burden to do so, Southex makes
no developed argument in its brief on irreparable harm.
Rather, it addresses the issue in a single sentence and brief
footnote without developed argumentation or citation to the
record. We have repeatedly stated that it is not enough merely
to mention a possible argument in the most skeletal way,
leaving the court to do counsel's work. See, e.g., United
States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990). The needed
showing of irreparable harm has not been made.
As to likelihood of success, there may well be
legitimate arguments on both sides, but nothing we have seen
decisively weights the case in Southex's favor. That is enough
to justify denial of a preliminary injunction, at least in the
absence of overwhelming equities in support of an injunction.
The district court referred briefly to harm on both sides
without discussing whether it would be irreparable; and as we
have already noted, Southex has made little effort to persuade
us on this issue.
Affirmed.
Source:  CourtListener

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