UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FlLED
OCT 27, 1998
CATHY A. CATTERSON,CLERK
U.S. COURT OF APPEALS

PLAYBOY ENTERPRISES, INC., a
Delaware corporation,

Plaintiff-Appellant,

V.

TERRI WELLES,

Defendant-Appellee.

No.98-55911
D.C. No. CV-98-00413-K

MEMORANDUM [1]

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

Submitted October 20, 1998 [2]

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

    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)(l), and we affirm.

__________

                            [1] 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.

[end page 1]

        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 [sic] 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.