# Charles E. Williams v. Hot Shoppes, Inc.

> Court of Appeals for the D.C. Circuit · May 22, 1961 · 293 F.2d 835

URL: https://www.frixlaw.com/law-library/cases/9448121

## Case

- **Full name:** Charles E. WILLIAMS, Appellant, v. HOT SHOPPES, INC., Appellee
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** May 22, 1961
- **Citations:** 293 F.2d 835
- **Precedential status:** Published
- **Opinion:** Concurrence by Fahy
- **Judges:** Miller, Edgerton, Prettyman, Bazelon, Fahy, Washington, Danaher, Bastían, Burger
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9448121

## Opinion text

FAHY, Circuit Judge.
I concur in vacating the judgment and remanding the case to the District Court. This will afford the parties opportunity to obtain a ruling of the Virginia courts on the question of the applicability to restaurants of section 18-327 of the Virginia Code. I would require the District Court, however, to retain jurisdiction so that it may itself decide the case after such opportunity has been afforded, taking into consideration the decision of the Virginia courts if obtained, or if not obtained within a reasonable time then redeciding the case itself. The Supreme Court has approved this procedure in comparable circumstances, saying,
“By retaining the case the District Court, of course, reserves power to take such steps as may be necessary for the just disposition of the litigation should anything prevent a prompt state court determination.”
Louisiana Power & Light Co. v. City of Thibodaux, 360 U.S. 25, 31 , 79 S.Ct. 1070, 1074 , 3 L.Ed.2d 1058 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448121. Public record. Not legal advice.