Fornaris v. Ridge Tool Co., 400 U.S. 41 (1970)

Fornaris v. Ridge Tool Co.

No. 541

Decided November 23, 1970 *
400 U.S. 41

APPEAL FROM THE UNITED STATES COURT OF

APPEALS FOR THE FIRST CIRCUIT

Syllabus

1. Title 28 U.S.C. § 1254(2), which provides for an appeal to this Court from a court of appeals’ judgment invalidating a state statute on constitutional grounds, does not apply to an appeal involving a Puerto Rico statute.

2. The Court of Appeals should have abstained from invalidating on due process grounds the retrospective application of Puerto Rico’s Dealer’s Contract Law, since the Puerto Rico Supreme Court, which has not yet authoritatively construed the statute, might be able to do so without reaching the constitutional issue. Reetz v. Bozanich, 397 U.S. 82.

Appeals dismissed and certiorari granted; 423 F.2d 563, reversed and remanded.