SIMON PROPERTY GROUP, L.P. v. MYSIMON, INC.

No. 01-1444.

282 F.3d 986 (2002)

SIMON PROPERTY GROUP, L.P., a Delaware limited partnership, Plaintiff-Appellant, v. mySIMON, INC., a California corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 2002.


Attorney(s) appearing for the Case

Daniel L. Boots, Bingham, Summers, Welsh & Spilman, Indianapolis, IN, David C. Hilliard (argued), Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, for plaintiff-appellant.

Richard A. Huser, Locke Reynolds, Indianapolis, IN, Constantine L. Trela (argued), Sidley Austin Brown & Wood, Chicago, IL, for defendant-appellee.

Before FLAUM, Chief Judge, and BAUER and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

Simon Property Group attempts to appeal from the district court's decision effectively staying the issuance of an injunction it will issue when a final judgment is entered. mySimon argues that we lack jurisdiction because the district court's decision is not an order "granting ... or refusing" an injunction under 28 U.S.C. § 1292(a)(1).

Simon Property Group (SPG) is an Indianapolis-based real estate investment trust that...

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