The appeal is not within this Court's appellate jurisdiction under 28 U.S.C. § 1254(2). The Court of Appeals held that because of the preemptive effect of federal law, punitive damages could not be awarded. It did not purport to rule on the constitutionality of the Oklahoma punitive damages statute, which was left untouched. The decision, however, is reviewable by writ of certiorari. Pp. 620 – 621.