Is a denial of a temporary restraining order sufficient to force an appellant to appeal to the Court of Appeal?

In the interests of avoiding uneconomical piecemeal appellate review, it has generally been held that appeal does not lie from the denial of an application for a temporary restraining order. (See e. g., Chandler v. Garrison, 394 F.2d 828 (5th Cir. 1967).) Nevertheless, under certain circumstances the denial of temporary or preliminary relief may decide the merits of a case. In such a situation nothing is gained by requiring an appellant to go through the motions of re-applying for permanent injunctive relief in the trial court. We think that this is such a case.