The CONTINUUM COMPANY, INC., Plaintiff-Appellant, v. INCEPTS, INC., ABS Ventures II, and ABA Excelsior II, Defendants-Appellees, 883 F.2d 333

Summary

Appellant company sought review of the district court's order continuing the injunction in force on the condition that the bond be increased from $ 200,000 to $ 2,000,000 and ordering the injunction dissolved if appellant failed to increase the bond. Appellee corporations filed a motion to reconsider and contended that the court lacked jurisdiction over appellant's challenge. Pursuant to Fed. R. App. P. 8(b) and Fed. R. Civ. P. 65.1, both the district court and the court had authority to order security in the form of bond or stipulation. The court held that the undertaking filed by appellant was inadequate to protect appellees' rights should the injunction have been wrongfully issued. The court held that if appellant's financial condition indicated that it would have been able to satisfy a judgment for damages that might have been obtained against it as a result of the wrongful issuance of the injunction, there would have been no need for appellant to post the increased bond provided ...