Wilshire Oil Co., Inc. v. United States, 295 U.S. 100 (1935)

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Wilshire Oil Co., Inc. v. United States

No. 858

Briefs filed pursuant to order of April 9, 1935
Decided April 29, 1935
295 U.S. 100

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Questions certified to this Court should be aptly and definitely stated. P. 102.

2. Upon an interlocutory appeal presenting the question whether the District Court abused its discretion in granting an interlocutory injunction, the Circuit Court of Appeals is not bound to decide important constitutional questions raised by the bill, as to which it is in doubt, in advance of determination by the District Court of the facts of the case to which the challenged statute is sought to be applied. Id.

3. This Court should not undertake to determine the constitutionality of a federal statute upon certified questions as presented in this case, on an interlocutory appeal, which would require ordering up the entire record and involve unnecessary delay in the final determination of the case. Id.

Certificate dismissed.

On a certification of questions from the Circuit Court of Appeals. For opinion of the District Court granting an interlocutory injunction, see 9 F.Supp. 396.