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ENVIRONMENTAL DEFENSE FUND, INC. v. ANDRUS

No. 80-4322.

625 F.2d 861 (1980)

ENVIRONMENTAL DEFENSE FUND, INC., a nonprofit New York Corporation, Sierra Club, Society for California Archaeology, Environmental Traveling Companions, Friends of the River and Californians for Preservation Action, Plaintiff/Appellants, v. Cecil D. ANDRUS, Secretary of the Interior of the United States, et al., Defendant/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1980.

Attorney(s) appearing for the Case

Robert B. Thum, San Francisco, Cal., for plaintiff/appellants.

Francis M. Goldsberry, II, Sacramento, Cal., Thomas J. Shephard, Stockton, Cal., for defendant/appellees.

Before BROWNING, CHOY and FARRIS, Circuit Judges.

ORDER

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,

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