This appeal having been perfected from an order of the District Court granting defendant's motion to dissolve a temporary
restraining order issued by that court, this Court on its own motion* issued an order requiring the plaintiff-appellant
to show cause why the appeal should not be dismissed as having been taken from an order not appealable without leave. The complaint bases jurisdiction on the Federal Employers' Liability Act (45 U.S.C. § 51 et seq.), and seeks recovery for
personal injuries allegedly suffered by appellant in the course of his employment. At his request, the District Court issued
a temporary restraining order without notice and without definition of any injury, loss or damage which may have resulted
to him before the adverse party or his attorney could be heard in opposition as required by Rule 65(b), Federal Rules of Civil
Procedure. That order restrained appellee from taking certain disciplinary action against appellant on the basis of a provision
in a collective bargaining agreement, and it was from the dissolution of that temporary restraining order that this appeal
was taken. We hold that order to be non-appealable.
