City of Meridian v. Southern Bell Tel. & Tel. Co., 358 U.S. 639 (1959)

City of Meridian v. Southern Bell Telephone & Telegraph Co.

No. 546

Decided February 24, 1959
358 U.S. 639

APPEAL FROM THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

In a suit by appellee for a declaratory judgment, a Federal District Court held a Mississippi statute to be in conflict with both the State and Federal Constitutions. The Court of Appeals affirmed, and an appeal was taken to this Court under 28 U.S.C. § 1254(2). Appellant moved to vacate the judgment of the Court of Appeals and remand the case to the District Court with instruction to vacate its judgment and convene a three-judge court to consider the case.

Held: without passing on the merits of that motion, the judgment of the Court of Appeals is vacated, and the case is remanded to the District Court with directions to hold the cause while the parties repair to a state tribunal for an authoritative declaration of applicable state law. Pp. 639-641.

256 F.d 83, judgment vacated and cause remanded to the District Court.