Shipman v. Dupre, 339 U.S. 321 (1950)

PER CURIAM.

Appellants sought a declaratory judgment that certain sections of the South Carolina statute regulating the fisheries and shrimping industry were unconstitutional and interlocutory and permanent injunctions restraining the state officials from carrying out those provisions. The statutory three-judge District Court assumed jurisdiction, decided the issues on the merits, and dismissed the complaint. 88 F.Supp. 482. From the papers submitted on appeal, it does not appear that the statutory sections in question have as yet been construed by the state courts. We are therefore of opinion that the District Court erred in disposing of the complaint on the merits. See American Federation of Labor v. Watson, 327 U.S. 582, 595-599.

The judgment of the District Court is vacated, and the cause is remanded to that court with directions to retain jurisdiction of the complaint for a reasonable time to afford appellants an opportunity to obtain, by appropriate proceedings, a construction by the state court of the statutory provisions involved.

MR. JUSTICE DOUGLAS dissents.