(concurring).
Although this appeal was from the District Court’s denial of preliminary relief, our opinion determining appellee’s order to be invalid is, in fact, a final disposition on the merits. For, in the light of our opinion, the District Court, upon appropriate application therefor, must enter final judgment for the appellant. Thus, I see no purpose in expressing any view with respect to what must necessarily be an academic question of preliminary relief. I would simply reverse and remand for whatever further proceedings are required below to give effect to our determination.