“ There is, therefore, no case or controversy within the meaning of Art. III of the Constitution. Muskrat v. United States, 219 U.S. 346, 31 S.Ct. 250, 55 L.Ed. 246 (1911) . Additionally, since neither party sought an injunction to restrain a state officer from enforcing a state statute alleged to be unconstitutional, 28 U.S.C. § 2281, this is not an appeal from 'any civil action, suit or proceeding required * * * to be heard * * * by a district court of three judges,' 28 U.S.C. § 1253, and hence no direct appeal to this Court is available. ”