The District Court denied a motion for a preliminary injunction brought to *262 prohibit defendants from failing to consider Linder Burt’s application for bus driver.

Although brought under Section 1291, jurisdiction properly lies under Section 1292(a) (1) and as such we will consider this appeal.

Linder Burt was disappointed in not being hired as a bus driver, but he was continued under his employment of some 15 years as an assistant. Although the primary suit here is a school desegregation case, this peripheral case is not racial, both the hired and the unhired being black citizens. The sole question is whether the school board discriminated against him because of his wife’s civil rights activity.

A review of the record indicates that his application was considered. Another was chosen. There was no proof requiring the trial court to hold that any civil right of Linder Burt’s was violated and the court did not abuse its discretion in denying interim injunctive relief.

Affirmed.