Aрpellant Negro school children brought this action in the Federal District Court to enjoin appellee schoоl officials from making any distinctions based upon race or color in providing educational facilities for School District No. 22, Clarendon County, South Carolina. As the b'asis for their сomplaint, appellants alleged that equal •faсilities are not provided for Negro pupils aAd that thosе constitutional and statutory provisions of South Carolina rеquiring separate schools “for children of the white and' colored races” * are-invalid under the. Fourteenth Amend *351 ment. At the trial before a court оf; three judges, appellees conceded that thе school facilities provided for Negro students “are not substantially equal to those afforded in the District for white pupils.”
The District Court held, one judge dissenting, that the challenged cоnstitutional and statutory provisions were' not of themselves violative of the Fourteenth, Amendment. The court below also found that the educational facilities afforded by appellees for Negro pupils are not equal to those provided for white children. The District Court did not issue an injunctiоn abolishing racial dis- . tinetions as prayed by appellants, but did order appellees to proceed at оnce to furnish educational facilities for Negroes .eqüal.tó-those furnished white pupils. In its decree, entered June 21, 1951, thе District Court ordered that appellees report tо that court within six months as to action taken by them to carry out the court’s order.
Dissatisfied with the relief granted by the District Court, appellants brought a timely appeal directly to this Court under 28 U. S. C. (Supp. IV) § 1253. After the appeal was docketed but bеfore its consideration by this .Court, appellees filed in thе court below their report as ordered.
The District Court has not given its views on this report, having entered an order stating thаt it will withhold further action thereon while the cause is pending in this Cоurt on appeal. Prior to our consideration of the questions raised on this appeal, we should have the bеnefit of the views of the District Court upon the additional facts brought to the attention of that court in the report which it ordered. The District Court should also be afforded the opрortunity to take whatever action it may deem appropriate in light of that report. In order that this may be donе, we-vacate the judgment of the District Court and remand the сase to that court for further pro-. *352 ceedings. Another judgment, entered at the conclusion of those procеedings, may provide the basis for any further appeals to this Court.
■It is so ordered.
Notes
S. C. Const., Art. XI, § 7; S. C. Code, 1942, § 5377.