Is a motion to dismiss the appeal of the denial of a temporary restraining order valid?

MultiRegion, United States of America

The following excerpt is from Environmental Defense Fund, Inc. v. Andrus, 625 F.2d 861 (9th Cir. 1980):

Appellees' motion to dismiss the appeal is denied. The denial of a request for a temporary restraining order is appealable where, as here, the denial followed a full adversary hearing and, in the absence of review, the appellants would be effectively foreclosed from pursuing further interlocutory relief. In such cases the denial of the temporary restraining order is tantamount to the denial of a preliminary injunction. See Levesque v. Maine, 587 F.2d 78 (1st Cir. 1978).

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