Karyn Ridgeway v. Montana High School Association

I concur in the result.

Appellants did not seek, and the district court did not deny, a preliminary injunction to switch the seasons. See Ridgeway v. Montana High School Ass’n, 633 F.Supp. 1564 (D.Mont.1986). On appeal neither party invoked the test for a preliminary injunction: “probable success and the possibility of irreparable harm” or the like. Arcamuzi v. Continental Air Lines, Inc., 819 F.2d 935, 937 (9th Cir.1987).

That leaves two alternatives. Either the district court administered an aspect of the parties’ settlement agreement, or the district court denied a permanent injunction. *590First…