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GOLDEN STATE BANK, a California Corporation, Plaintiff-Counter-Defendant-Appellee, v. FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina corporation, Defendant-Counter-Claimant-Appellant

United States Court of Appeals for the Ninth Circuit2011-01-20No. No. 10-56388
411 F. App'x 62

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Opinion

majority opinion

MEMORANDUM

First-Citizens Bank & Trust Company appeals from the district court’s order expunging a lis pendens and ordering that certain real property not be sold or encumbered without prior approval from the court or the arbitrator in the parties’ pending arbitration proceedings. Having conducted a review of the record, and the briefing in this appeal, we conclude that the district court’s order is not an order granting, modifying or denying a preliminary injunction. 28 U.S.C.A. § 1292(a)(1). Consequently, this interlocutory appeal is dismissed for lack of jurisdiction.

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.