Mitchell v. Donovan, 398 U.S. 427 (1970)

Mitchell v. Donovan

No. 726

Argued April 1, 1970
Decided June 15, 1970
398 U.S. 427

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MINNESOTA

Syllabus

Appellants had requested an injunction to have the names of Communist Party candidates placed on the ballot in Minnesota for the 1968 election, which was granted. After the election the Federal District Court, finding no present case or controversy, denied appellant’s request for a declaratory judgment striking down the Communist Control Act, on which the state authorities had relied in refusing ballot placement. Appellants brought a direct appeal to this Court under 28 U.S.C. § 1253, which permits an "appeal to the Supreme Court from an order granting or denying . . . an interlocutory or permanent injunction. . . ."

Held: An order granting or denying only a declaratory judgment may not be appealed to this Court under § 1253. Rockefeller v. Catholic Medical Center, 397 U.S. 820.

300 F.Supp. 1145, vacated and remanded.