Daryl B. Lundgrin v. W. Graham Claytor, Sec'y of the Navy of the United States, & the United States, 619 F.2d 61 (10th Cir. 1980). · Go Syfert
Daryl B. Lundgrin v. W. Graham Claytor, Sec'y of the Navy of the United States, & the United States, 619 F.2d 61 (10th Cir. 1980). Cases Citing This Book View Copy Cite
384 citation events (77 in the last 25 years) across 22 distinct courts.
Strongest positive: Stacks v. USAF (ca10, 1997-12-04)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Stacks v. USAF
10th Cir. · 1997 · signal: see also · quote attribution · 1 verbatim quote · confidence high
discretionary military decisions concerning soldiers lawfully in the service are beyond the review of civilian courts
discussed Cited as authority (rule) Splash Farms, Inc., et al. v. State of Oklahoma ex rel. Oklahoma Medical Marijuana Authority; et al.
N.D. Okla. · 2026 · confidence medium
Legal Standards “The function of a preliminary injunction is to preserve the status quo pending a final determination of the rights of the parties.” Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980) (citing Penn v. San Juan Hosp., Inc., 528 F.2d 1181 (10th Cir. 1975); Cont’l Oil Co. v. Frontier Refin.
discussed Cited as authority (rule) Tharp v. Utah Division of Child and Family Services
D. Utah · 2025 · confidence medium
As the court has previously noted in this case, a motion for emergency injunctive relief is an “extraordinary remedy,” and a party seeking it must demonstrate a “clear and unequivocal right” to the injunction.8 To prevail on her TRO Motion, Ms. Luby must establish (1) a substantial likelihood of prevailing on the merits, (2) that she will suffer irreparable harm without the injunction, (3) that the balance of equities tips in her favor, and (4) that an injunction will not adversely affect the public interest.9 At least at this juncture, she has not 7 ECF No. 24, Plaintiffs’ Response …
discussed Cited as authority (rule) Tharp v. Utah Division of Child and Family Services
D. Utah · 2025 · confidence medium
Utah Jan. 17, 2020) (unpublished) (“Plaintiff moves the court for ex parte injunctive relief, which the court construes as a motion for an ex parte temporary restraining order.”). 5 Greater Yellowstone Coal. v. Flowers, 321 F.3d 1250, 1256 (10th Cir. 2003). 6 Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980); see also Fed.
cited Cited as authority (rule) Pinson v. Federal Bureau of Prisons
D.N.M. · 2023 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980).
cited Cited as authority (rule) Pinson v. Federal Bureau of Prisons
D.N.M. · 2023 · confidence medium
Id. (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)).
cited Cited as authority (rule) Banks v. Jackson
D. Colo. · 2022 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980).
discussed Cited as authority (rule) Dines v. Comerica Bank & Trust, N.A.
D. Colo. · 2022 · confidence medium
Colo. 2010) (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)) (noting that the four elements apply to both preliminary injunctions and temporary restraining orders and that “the same considerations apply” to both forms of injunctive relief).
discussed Cited as authority (rule) Drummond v. Veritas Funding
D. Utah · 2021 · confidence medium
The purpose of TILA is “to assure a meaningful disclosure of credit terms” and to “protect the consumer against inaccurate and unfair credit billing and credit card practices.”6 When a consumer is not provided the required statutory disclosures, he or she has the right to rescind the credit transaction “until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing material disclosures required under this v. Claytor, 619 F.2d 61, 63 (10th Ci…
discussed Cited as authority (rule) AMBI Distribution Corp v. Doe
D. Colo. · 2021 · confidence medium
Colo. 2010) (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)) (noting that the four elements apply to both preliminary injunctions and temporary restraining orders and that “the same considerations apply” to both forms of injunctive relief).
discussed Cited as authority (rule) McRae v. Carvajal
D. Colo. · 2021 · confidence medium
Colo. 2010) (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)) (noting that the four elements apply to both preliminary injunctions and temporary restraining orders and that “the same considerations apply” to both forms of injunctive relief).
discussed Cited as authority (rule) Suber v. VVP Services, LLC
S.D.N.Y. · 2021 · confidence medium
Corp. v.Cruce,972 F.2d1195, 1198(10th Cir.1992) (quoting Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980); Tri-State Generation & Transmission Ass’n, Inc. v. ShoshoneRiver Power, Inc.,805 F.2d351, 355(10th Cir. 1986)). 13.
discussed Cited as authority (rule) TTEC Holdings, Inc. v. Da Silva
D. Colo. · 2020 · confidence medium
Colo. 2010) (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)) (noting that the four elements apply to both preliminary injunctions and temporary restraining orders and that “the same considerations apply” to both forms of injunctive relief).
discussed Cited as authority (rule) Quinton Holdings LLC v. Axys Golf LLC
D. Colo. · 2020 · confidence medium
Colo. 2010) (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)) (noting that the four elements apply to both preliminary injunctions and temporary restraining orders and that “the same considerations apply” to both forms of injunctive relief).
cited Cited as authority (rule) Carter v. Santa Fe Adult Detention Facility
D.N.M. · 2020 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980).
cited Cited as authority (rule) Nevarez-Barela v. United States
D.N.M. · 2020 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980).
discussed Cited as authority (rule) Cincinnati Insurance Company v. Rocky Mountain Water Works, LLC
D. Colo. · 2020 · confidence medium
Colo. 2010) (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)) (noting that the four elements apply to both preliminary injunctions and temporary restraining orders and that “the same considerations apply” to both forms of injunctive relief).
cited Cited as authority (rule) Tinoco v. United States of America
D.N.M. · 2020 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980).
cited Cited as authority (rule) Northglenn Gunther Toody's, LLC v. HQ8-10410-10450 Melody Lane LLC
10th Cir. · 2017 · confidence medium
Br. at 18 (quoting Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)).
cited Cited as authority (rule) Pueblo of Pojoaque v. New Mexico
D.N.M. · 2017 · confidence medium
McClendon v. City of Albuquerque, 79 F.3d at 1020 (quoting Walmer v. United States Dep’t of Defense, 52 F.3d at 854 (PI case); Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980)(same)).
cited Cited as authority (rule) Marie v. Moser
D. Kan. · 2014 · confidence medium
Tri-State Generation, 805 F.2d at 355 (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)).
discussed Cited as authority (rule) San Luis Valley Ecosystem Council v. U.S. Fish & Wildlife Service
D. Colo. · 2009 · confidence medium
In cases where the movant has prevailed on the other factors, the Tenth Circuit uses a liberal definition of “probability of success”: the plaintiff need only raise “questions going to the merits so serious, substantial, difficult and doubtful as to make them a fair ground for litigation and thus for more deliberate investigation.” Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980) (internal quotations omitted). 1 A preliminary injunction is an extraordinary remedy never awarded as of right.
cited Cited as authority (rule) ABILENE RETAIL 30, INC. v. Six
D. Kan. · 2009 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980) (internal quotations omitted). 11 .
cited Cited as authority (rule) Snyder v. American Kennel Club
D. Kan. · 2008 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
discussed Cited as authority (rule) Bey v. DOUGLAS COUNTY CORRECTIONAL FACILITY (2×)
D. Kan. · 2008 · confidence medium
Dominion Video Satellite, Inc. v. Echostar Satellite Corp., 356 F.3d 1256, 1260 (10th Cir.2004) (applying standard articulated in Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)). 3 .
cited Cited as authority (rule) Universal Engraving, Inc. v. Duarte
D. Kan. · 2007 · confidence medium
Dominion Video Satellite, Inc. v. Echostar Satellite Corp., 356 F.3d 1256, 1260 (10th Cir.2004) (applying standard articulated in Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)). 7 .
cited Cited as authority (rule) Bray v. QFA ROYALTIES LLC
D. Colo. · 2007 · confidence medium
Dominion Video Satellite, Inc. v. Echostar Satellite Corp., 356 F.3d 1256, 1260 (10th Cir.2004)(applying standard articulated in Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)).
cited Cited as authority (rule) Kansas Judicial Watch v. Stout
D. Kan. · 2006 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980) (internal quotations omitted). 50 .
examined Cited as authority (rule) Board of Leavenworth County Comm'rs v. Whitson (4×) also: Cited "see"
Kan. · 2006 · confidence medium
The panel had borrowed the language from a 10th Circuit Court of Appeals case, Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980), and it acknowledged that at that point, the standard had “never been expressly applied by Kansas state courts.” 11 Kan.
discussed Cited as authority (rule) Doubleclick Inc. v. Paikin
D. Colo. · 2005 · confidence medium
In cases where the movant has prevailed on the other factors, the Tenth .Circuit uses a liberal definition of “probability of success”: the plaintiff need only raise “questions going to the merits so serious, substantial, difficult and doubtful as to make them a fair ground for litigation and thus for more deliberate investigation.” Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980) (internal quotations omitted).
discussed Cited as authority (rule) Nova Health Systems v. Edmondson
N.D. Okla. · 2005 · confidence medium
In this circuit, a party seeking a preliminary injunction must satisfy four prerequisites: “(1) substantial likelihood that the movant will eventually prevail on the merits; (2) a showing that the movant will suffer irreparable injury unless the injunction issues; (3) proof that the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the ' opposing party; and (4) a showing that the injunction, if issued, would not be adverse to the public interest.” Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
cited Cited as authority (rule) Colorado Wild v. United States Forest Service
D. Colo. · 2004 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
discussed Cited as authority (rule) Rare, LLC v. Marciano (In Re Rare, LLC)
Bankr.D. Colo. · 2003 · confidence medium
It ‘“will ordinarily be enough that the plaintiff has raised questions going to the merits so serious, substantial, difficult and doubtful as to make them a fair ground for litigation and thus for more deliberate investigation.’” Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980) (quoting Continental Oil Co. v. Frontier Refining Co., 338 F.2d 780, 781-82 (10th Cir.1964)).
discussed Cited as authority (rule) Dominion Video Satellite, Inc. v. EchoStar Satellite Corp.
D. Colo. · 2003 · confidence medium
Under Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980), the movant must establish the following in order to obtain a preliminary injunction: • That the movant will suffer irreparable injury unless the injunction issues; • That the threatened injury to the mov-ant outweighs whatever damages the proposed injunction may cause the opposing party; • A showing that the injunction, if issued, would not be adverse to the public interest; and • A substantial likelihood that the mov-ant will eventually prevail on the merits. *1210 If the movant satisfies the first three of these requirements…
discussed Cited as authority (rule) Neal v. Lewis (2×)
D. Kan. · 2003 · confidence medium
Co., LLC v. AT & T Corp., 320 F.3d 1081, 1099 (10th Cir.2003) (citing Kikumura v. Hurley, 242 F.3d 950, 955 (10th Cir.2001)). 3 .Longstreth v. Maynard, 961 F.2d 895 , 903 (10th Cir.1992) (Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)). 4 .
cited Cited as authority (rule) Soskin v. Reinertson
D. Colo. · 2003 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
cited Cited as authority (rule) Soskin v. Reinertson
D. Colo. · 2003 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980).
cited Cited as authority (rule) In Re Qwest Communications International, Inc. Securities Litigation
D. Colo. · 2003 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
cited Cited as authority (rule) In Re Qwest Communications International, Inc. Securities Litigation
D. Colo. · 2002 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
cited Cited as authority (rule) In Re Qwest Communications International, Inc. Securities Litigation
D. Colo. · 2002 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
cited Cited as authority (rule) Altira Group LLC v. Philip Morris Companies, Inc.
D. Colo. · 2002 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
cited Cited as authority (rule) Bioganic Safety Brands, Inc. v. Ament
D. Colo. · 2001 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
cited Cited as authority (rule) Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc.
D. Utah · 1999 · confidence medium
Equifax Servs., Inc. v. Hitz, 905 F.2d 1355, 1360 (10th Cir.1990) (quoting Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)).
discussed Cited as authority (rule) Castle v. Caldera
D.D.C. · 1999 · confidence medium
See, e.g., Ferrell v. Secretary of Defense, 662 F.2d 1179, 1182 (5th Cir. Dec.1981) (determining right to training under Navy enlistment contract); Lundgrin v. Claytor, 619 F.2d 61, 64-65 (10th Cir.1980) (deciding deferment rights under Armed Forces Health Professions Scholarship Program service agreement); Pence v. Brown, 627 F.2d 872, 875 (8th Cir.1980) (construing rank rights under Air Force enlistment contract in light of recruiter’s representation); Peavy v. Warner, 493 F.2d 748, 750 (5th Cir.1974) (remanding for determination regarding cancellation request under Navy member’s service…
discussed Cited as authority (rule) Searcy v. Simmons
D. Kan. · 1999 · confidence medium
See Resolution Trust Corp. v. Cruce, 972 F.2d 1195, 1198 (10th Cir.1992); Tri-State, 805 F.2d at 355 (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)); Heatron, Inc. v. Shackelford, 898 F.Supp. 1491, 1498 (D.Kan.1995).
cited Cited as authority (rule) Premium Tobacco Stores, Inc. v. Fisher
D. Colo. · 1999 · confidence medium
Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980).
cited Cited as authority (rule) Johnston v. Simmons
D. Kan. · 1999 · confidence medium
Tri-State, 805 F.2d at 355 (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)); Heatron, Inc. v. Shackelford, 898 F.Supp. 1491, 1498 (D.Kan.1995).
discussed Cited as authority (rule) John Wayne Duvall v. Frank Keating, Governor of the State of Oklahoma, Gary Gibson, Warden of the Oklahoma State Penitentiary
10th Cir. · 1998 · confidence medium
See Kansas Health Care Assoc., Inc. v. Kansas Dep’t of Soc. and Rehabilitation Servs., 31 F.3d 1536, 1542-43 (10th Cir.1994) (listing the four criteria needed to support the issuance of a TRO or preliminary injunction, including “that there is a substantial likelihood that he will eventually prevail on the merits”); Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980) (noting that even when person requesting a preliminary injunction has satisfied the other three criteria, he or she must, at a minimum, show that “[he or she] raised questions going to the merits so serious, substantial, …
discussed Cited as authority (rule) Duvall v. Keating
10th Cir. · 1998 · confidence medium
See Kansas Health Care Assoc., Inc. v. Kansas Dep’t of Soc. and Rehabilitation Servs., 31 F.3d 1536, 1542-43 (10th Cir. 1994) (listing the four criteria needed to support the issuance of a TRO or preliminary injunction, including “that there is a substantial likelihood that he -9- will eventually prevail on the merits”); Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir. 1980) (noting that even when person requesting a preliminary injunction has satisfied the other three criteria, he or she must, at a minimum, show that “[he or she] raised questions going to the merits so serious, substan…
cited Cited as authority (rule) Primedia Intertec Corp. v. Technology Marketing Corp.
D. Kan. · 1998 · confidence medium
Tri-State, 805 F.2d at 355 (citing Lundgrin v. Claytor, 619 F.2d 61, 63 (10th Cir.1980)); Heatron, Inc. v. Shackel-ford, 898 F.Supp. 1491, 1498 (D.Kan.1995).
Retrieving the full opinion text from the archive…
Daryl B. LUNDGRIN, Plaintiff-Appellant,
v.
W. Graham CLAYTOR, Secretary of the Navy of the United States, and the United States, Defendants-Appellees
78-1628.
Court of Appeals for the Tenth Circuit.
Apr 8, 1980.
619 F.2d 61
1980 U.S. App. LEXIS 18872
Virginius Dabney, McMillan & Browning, Salt Lake City, Utah, for plaintiff-appellant., Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, for defendants-appellees.
Barrett, Doyle, Seymour.
Cited by 256 opinions  |  Published
SEYMOUR, Circuit Judge.

Dr. Daryl B. Lundgrin filed a complaint in district court seeking to enjoin the Navy[*62] from ordering him to active duty before completion of the civilian residency program in which he had enrolled. In denying Lundgrin’s request for a preliminary injunction, the court concluded that the language of Lundgrin’s enlistment contract vested complete discretion in the Navy to disallow a deferment for civilian-residency training. Lundgrin contends on appeal pursuant to 28 U.S.C.,§ 1292 that the district court erred in denying his motion for a preliminary injunction. Our review of the record, however, convinces us that the district court did not abuse its discretion, and its order denying the injunction should be affirmed.

In 1973, Lundgrin, a first-year student at the University of Oklahoma Medical School, was accepted into the Armed Forces Health Professions Scholarship Program (Scholarship Program) by the Navy’s Bureau of Medicine and Surgery. He thereafter executed the Armed Forces Health Professions Scholarship Program Service Agreement (Agreement), which is the contract setting forth the terms of his agreement with the Navy. In return for the Navy’s promise to pay certain educational expenses connected with his medical training, [1] Lundgrin agreed to serve one year on active duty for each year of participation in the Scholarship Program, or a total of four years.

In his final year of medical school, Lundgrin applied for residency programs to receive specialized training in pathology. As required by the Agreement, he requested a residency in the Navy. However, he simultaneously indicated his preference for a civilian residency program and applied for a deferment of his active service obligation until 1981, when he anticipated completing a four-year civilian pathology residency.

Although Lundgrin’s application for the Naval Residency Pathology Program was denied, he was subsequently accepted for a civilian pathology residency at the University of Utah Affiliated Hospital. Nevertheless, the Navy rejected Lundgrin’s application for a four-year active duty deferment to complete the civilian residency because the Navy needed general medical officers on active duty and had no current or projected shortage of pathologists. However, Lundgrin was granted a one-year deferment to permit him to complete a year of graduate medical education.

Lundgrin contends that once the Navy granted him a one-year deferment from active duty, the plain terms of the Agreement required the Navy to grant him the additional three years in order to complete his civilian residency. Alternatively, he asserts that the Agreement is ambiguous on this point and his parol testimony regarding promises made to him by Navy recruiters must therefore be credited in determining whether to grant a preliminary injunction.

I.

Reviewability of Enlistment Contracts

The Navy argues initially that Lundgrin is asking the courts to interfere improperly with internal military affairs. The general rule is that discretionary military decisions concerning soldiers lawfully in the service are beyond the review of civilian courts. Orloff v. Willoughby, 345 U.S. 83, 73 S.Ct. 534,97 L.Ed. 842 (1953). It has long been held, however, that civilian courts will construe the rights and obligations arising under an enlistment contract. United States v. Grimley, 137 U.S. 147, 11 S.Ct. 54, 34 L.Ed. 636 (1890); Quinn v. Brown, 561 F.2d 795 (9th Cir. 1977); Shelton v. Brunson, 465 F.2d 144 (5th Cir. 1972). And see Pfile v. Corcoran, 287 F.Supp. 554, 557 (D.Colo.1968), where the court, recognizing that an enlistee’s status changes from civilian to soldier at the moment of enlistment, stated that this “. change of status does not invalidate the contractual obligation of either party or prevent the contract from being upheld, under proper circumstances, by a court of law.”

We hold that a claim alleging breach of an enlistment contract is not an internal[*63] military affair and is properly reviewable in the civilian courts.

II.

Denial of Motion for Preliminary Injunction

The function of a preliminary injunction is to preserve the status quo pending a final determination of the rights of the parties. Penn v. San Juan Hospital, Inc., 528 F.2d 1181 (10th Cir. 1975); Continental Oil Co. v. Frontier Refining Co., 338 F.2d 780 (10th Cir. 1964). Since the grant or denial of a preliminary injunction is within the sound discretion of the trial court, we may set aside the court’s action only if it constituted an abuse of discretion. Id.

In defining what a movant must show to support the grant of a preliminary injunction, we have said:

“In hearings upon motions for temporary or preliminary injunctive relief, the burden is upon the one requesting such relief to make a prima facie case showing a reasonable probability that he will ultimately be entitled to the relief sought. The applicant has the additional burden of showing a right to the specific injunc-tive relief sought because of irreparable injury that will result if the injunction is not granted. There must exist a probable right and a probable danger.”

Crowther v. Seaborg, 415 F.2d 437, 439 (10th Cir. 1969) (emphasis added). This test has often been expanded into four prerequisites which the moving party must establish: (1) substantial likelihood that the movant will eventually prevail on the merits; (2) a showing that the movant will suffer irreparable injury unless the injunction issues; (3) proof that the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing party; and (4) a showing that the injunction, if issued, would not be adverse to the public interest. 7 Moore’s Federal Practice U 65.04[1]; 11 Wright & Miller, Federal Practice and Procedure § 2948. And see e. g., Sierra Club v. Hathaway, 579 F.2d 1162 (9th Cir. 1978); Hardin v. Houston Chronicle Publishing Co., 572 F.2d 1106 (5th Cir. 1978).

Here the district court carefully reviewed Lundgrin’s case in terms of the four stated requirements. Rec., supp. vol. II, at 24-32. Although the judge found that Lundgrin met his burden on three of these factors, he concluded that Lundgrin failed to demonstrate a likelihood of success on the merits.

Where the movant prevails on the other factors, this court has adopted the Second Circuit’s liberal definition of the “probability of success” requirement:

“ ‘To justify a temporary injunction it is not necessary that the plaintiff’s right to a final decision, after a trial, be absolutely certain, wholly without doubt; if the other elements are present (i. e., the balance of hardships tips decidedly toward plaintiff), it will ordinarily be enough that the plaintiff has raised questions going to the merits so serious, substantial, difficult and doubtful as to make them a fair ground for litigation and thus for more deliberate investigation.’ ”

Continental Oil Co., 338 F.2d at 781-782 (citing Hamilton Watch Co. v. Benrus Watch Co., 206 F.2d 738, 740 (2d Cir. 1953)).

Lundgrin asserts that this case presents “a fair ground for litigation” within the meaning of Continental Oil Co. because the Navy breached the terms of the Agreement by refusing to grant him a four-year deferment to complete his civilian residency. If this were so, denial of a preliminary injunction by the trial court would constitute an abuse of discretion.

We may consider the merits of the case only insofar as they bear upon the question of sound judicial discretion. Id.; United States v. Brown, 331 F.2d 362 (10th Cir. 1964). Since the district court’s decision not to grant a preliminary injunction was based on its reading of the Agreement, we must review that interpretation to determine whether it constituted an abuse of discretion.

The Agreement provides as follows with respect to residency training:

“1. Having volunteered for participation in the Armed Forces Health Professions[*64] Scholarship Program, I hereby acknowledge:
* « 9k * 9k 9k
g. That, if I desire intern or residency training, I will apply for such training in the Navy at such time as applications are being accepted from other officers in my category. If selected, I am required to participate in such training programs in an active duty status. If not selected, I may then apply to remain in an inactive status or to be released from active duty to complete such training in a civilian institution. If selected to complete such training in an inactive status, I understand that I will not be entitled to any pay, allowances or educational expenses from the Navy and that I will be entitled to accept the normal stipends and benefits paid to other trainees in my training institution.
* * * * * ¡k
“2. I consent to serve on active duty after completion of my course of study under this program and when ordered by the Chief of Naval Personnel for the following minimum periods of time:
a. One year for each academic year of participation (12 months or less) but in no case less than two years.
9k 9k 9k 9k 9k 9k
“3. I understand that, should I be accepted for intern or residency or other postgraduate training of six months or more in duration, the period of such training will not reduce my scholarship obligation. At the end of my internship or residency or other postgraduate training, I will serve my scholarship obligation or for a period of two years, whichever is longer. I will not tender my resignation or request release from active duty until I shall have completed the obligated service so acquired, in addition to any other service obligation.”

The district court found the Agreement here to be unambiguous and susceptible of only one meaning. It pointed out that although a participant in the Scholarship Program may “apply” for deferment from active duty in order to complete civilian residency training, he has no right under paragraph 1(g) of the Agreement to participate in such training unless “selected” by the Navy for a deferment from active duty status. Rec., supp. vol. II, at 28-29. Here the Navy denied Lundgrin’s application for a four-year deferment.

Lundgrin argued, on the other hand, that even assuming the Navy could initially deny his application for a four-year deferment, once it offered him a deferment for one year to pursue postgraduate medical training, he then had a right to complete the four-year program before serving his military obligation. He based that assertion on the language from paragraph 1(g) of the Agreement which states: “If not selected [for Naval residency training], I may then apply to remain in an inactive status . to complete such training in a civilian institution.” (Emphasis added). He also pointed to language in paragraph 3: “At the end of my internship or residency or other postgraduate training, I will serve my scholarship obligation . . . .” (Emphasis added).

The district court disagreed and held that a more careful reading of the Agreement precludes Lundgrin’s interpretation. Rec., supp. vol. II, at 31. The court construed paragraphs 1(g) and 3 to mean only that once the Navy selects a Scholarship Program participant for a full four-year deferment for civilian residency training, it may not thereafter decide to order him to active duty before completion of his residency training. Id. It concluded further that the one-year deferment granted Lundgrin to permit him a limited amount of practical experience before being called to active duty could not be construed as a selection for completion of residency training. Id. Having thus interpreted the Agreement to authorize either the complete denial of a deferment or the granting of a one-year deferment for limited postgraduate training, the district court concluded that Lundgrin had failed to show probability of success on the merits and denied the motion for a preliminary injunction.

[*65] We have carefully reviewed the record as a whole. Although we express no views on the merits of the case, we find no abuse of discretion on the part of the district court in its conclusion that Lundgrin failed to demonstrate a likelihood of success on the merits. Accordingly, we affirm the denial of a preliminary injunction.

1

. The Scholarship Program paid medical school tuition, fees, books and laboratory expenses. In addition, it provided Lundgrin with a stipend of $400 a month.