RONEY, Circuit Judge:
This is an appeal from a dismissal of a complaint alleging that the governing body of the Florida University system, the Board of Regents, had unconstitutionally denied the Young Socialist Alliance recognition as a student organization at Florida State University. The complaint challenged the constitutionality of Chapter 240, Florida Statutes, F.S.A., which establishes the Board of Regents.
A temporary injunction was denied without prejudice and a Three-Judge court was convened. The Three-Judge court dissolved itself on the finding that the alleged unconstitutional result came from certain administrative acts taken by defendants under a statute that was not itself constitutionally defective and presented no three-judge district court question. Apparently no appeal was taken from the Three-Judge order.
Thereafter the single judge district court in a brief order stated that the Three-Judge District Court had held that the constitutional issues raised were insubstantial and that all the relief sought had been determined by the Three-Judge Court. Without further explanation the complaint was dismissed.
The order of the Three-Judge Court only held that unconstitutional results of a constitutional statute are not the concern of a three-judge court and we do not read it as disposing of all of the claims presented. Accordingly, reliance on the Three-Judge Court order of dissolution as authority for dismissal was misplaced.
Under the circumstances of the case, the district court would have jurisdiction to consider any relief to which plaintiffs might be entitled which did not involve the constitutionality of the statute itself. It does not appear that the plaintiffs had a full opportunity to present such claims.
Although not stated by the district court, it may be that the complaint was dismissed for failure to state a claim upon which relief can be granted. We express no opinion as to whether the complaint stated sufficient facts to entitle them to any of the relief claimed. However, if this was the basis for the dismissal, plaintiffs should have an opportunity to amend their complaint. Rule 15, F.R.Civ.P.
Reversed and remanded.