Albertson v. Millard, 345 U.S. 242 (1953)

Albertson v. Millard

No. 384

Argued February 2, 1953
Decided March 16, 1953
345 U.S. 242

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

Five days after enactment of the Michigan Communist Control Act of April 17, 1952, the Communist Party of Michigan and its Executive Secretary sued in a Federal District Court for a declaratory judgment that it violates the Federal Constitution and for an injunction against it enforcement. The District Court found the Act constitutional, but temporarily retrained its enforcement pending appeal to this Court. A similar suit was brought in a state court, but is being held in abeyance pending the decision of this Court. The Act has not been construed or applied by the Michigan courts or executive authorities.

Held: judgment vacated and cause remanded with directions to vacate the restraining order and to hold the proceedings in abeyance a reasonable time pending construction of the statute by the state courts. Pp. 242-245.

106 F.Supp. 635, judgment vacated and cause remanded.