-
TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE
court shall proceed with Judicial review on theadministrative
record made before the board ofcontract appeals on matters so
referred as inother cases pending in such court, shall deter-mine
the issue of finality of the appeal deci-sion, and shall, if
appropriate, render judgmentthereon, or remand the matter to any
adminis-trative or executive body or official with suchdirection as
it may deem proper and Just.
(Added Pub. L. 97-164, title I, § 127(a), Apr. 2,1982, 96 Stat.
37.)
REFERENCES IN TEXT
The Tariff Schedules of the United States, referredto in subsec.
(a)(7), are not set out in the Code. SeePublication of Tariff
Schedules note set out under sec-tion 1202 of Title 19, Customs
Duties.
Errcuivz DArESection effective Oct. 1, 1982, see section 402 of
Pub.
L. 97-164, set out as an Effective Date of 1982 Amend-ment note
under section 171 of this title.
TRANSFRa or CASES AND PETITIONS PENDING IN COURTor CLAIMS AND IN
COURT OF CUSTOMS AND PATENTAPPEALS ON OcTOsER 1, 1982
For provisions directing that any case pendingbefore the Court
of Claims on Oct. 1, 1982, in which areport on the merits has been
filed by a commissioner,or in which there is pending a request for
review, andupon which the court has not acted, and any
matterpending before the United States Court of Customsand Patent
Appeals on Oct. 1, 1982, be transferred tothe United States Court
of Appeals for the FederalCircuit, and that any petition for
rehearing, reconsid-eration, alteration, modification, or other
change inany decision of the United States Court of Claims orthe
United States Court of Customs and Patent Ap-peals rendered prior
to Oct. 1, 1982, that has not beendetermined by either of those
courts on that date, orthat is filed after that date, be determined
by theUnited States Court of Appeals for the Federal Cir-cuit, see
section 403(a)-(c) of Pub. L. 97-164, set out asa note under
section 171 of this title.
SEcTxON REFERRED TO IN OTMM SECTIONSThis section is referred to
in sections 1291, 1292,
1294 of this title; title 41 section 607.
§ 1296. Precedence of cases in the United States Courtof Appeals
for the Federal Circuit
Civil actions in the United States Court ofAppeals for the
Federal Circuit shall be givenprecedence, in accordance with the
law applica-ble to such actions, in such order as the courtmay by
rule establish.
(Added Pub. L. 97-164, title I, § 127(a), Apr. 2,1982, 96 Stat.
39.)
EFrECTIVE DATE
Section effective Oct. 1, 1982, see section 402 of Pub.L.
97-164, set out as an Effective Date of 1982 Amend-ment note under
section 171 of this title.
CHAPTER 85-DISTRICT COURTS;JURISDICTION
Sec.1330. Action against foreign states.
ISo in original. Does not conform to section catchline.
Sec.1331.1332.
1333.1334.1335.1336.1337.
1338.
1339.1340.1341,1342.1343.1344.1345.1346.1347.
1348.1349.
1350.1351.
1352.1353.1354.1355.1356.
1357.1358.1359.1360.
1361.
1362.1363.1364.
1364.1364.
Federal question IDiversity of citizenship; amount in
contro-
versy; costs.Admiralty, maritime and prize cases.Bankruptcy
matters and proceedings.Interpleader.Interstate Commerce
Commission's orders.Commerce and antitrust regulations; amount
in controversy, costs.Patents, copyrights, trade-marks and
unfair
competition.'Postal matters.Internal revenue; customs
duties.Taxes by States.Rate orders of State agencies.Civil
rights.3Election disputes.United States as plaintiff.United States
as defendant.Partition action where United States is Joint
tenant.Banking association as party.Corporation organized under
federal law as
party.Alien's action for tort.Consuls, vice consuls, and members
of a dip-
lomatic mission as defendant.Bonds executed under federal
law.Indian allotments.Land grants from different states.Fine,
penalty or forfeiture.Seizures not within admiralty and
maritime
Jurisdiction.Injuries under Federal laws.Eminent domain.Parties
collusively joined or made.State civil Jurisdiction in actions to
which In-
dians are parties.Action to compel an officer of the United
States to perform his duty.Indian tribes.Jurors' employment
rights.Direct actions against insurers of members
of diplomatic missions and their families.Senate
actions.Construction of references to laws of the
United States or Acts of Congress.
AMENDMENT or ITEM 1334
Pub. L. 95-598, title Ii1 9 238(b), title IV, I402(b),Nov. 6,
1978, 92 StaL 2668, 2682, provided that, effec-tive Apr. 1, 1984,
item 1334 iI amended by substituting"Bankruptcy appeals" for
"Bankruptcy matters andproceedings".
AMNDMENTS1980-Pub. L 96-486, 1 2(b), Dec. 1, 1980, 94 Stat.
2369, in item 1331 deleted "; amount in controversy;costs."
following "question."
1978-Pub. L. 95-572, 1 6(b)(2), Nov. 2, 1978, 92 Stat.2457,
added item 1363 and redesignated former item1363, which read
"Construction of references to lawsof the United States or Acts of
Congress", as 1364.
Pub. L. 95-521, title VII, I 705(f)(2), Oct. 26, 1978, 92Stat.
1880, added item 1364, reading "Senate actions".
Pub. L. 95-486, 1 9(c), Oct. 20, 1978, 92 Stat. 1634,substituted
"Commerce and antitrust regulations;amount in controversy, costs"
for "Commerce andantitrust regulations" in item 1337.
Pub. L. 95-393, It 7(b), 8(a)(2), Sept. 30, 1978, 92Stat. 810,
substituted "Consuls, vice consuls, and mem-bers of a diplomatic
mission as defendant" for "Con-suls and vice consuls as defendants"
in item 1351 and
'So in original. Should be followed by a period.'Catchlines of
sections 1338 and 1343 amended by Pub. L
91-577 and Pub. L. 85-315, respectively, without
correspondingamendment of chapter analysis.
§ 1296 Page 226
-
TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE
added item 1364 reading "Direct actions against insur-ers of
members of diplomatic missions and their fatl.lies".
1976-Pub. L. 94-583, 5 2(b), Oct. 21, 1976, 90 Stat.2891. added
item 1330.
1970-Pub. L. 91-358, title I, § 172(c)(2). July 29,1970, 84
Stat. 591, added Item 1363.
1966-Pub. L. 89-635, § 2, Oct. 19, 1966, 80 Stat. 880,added item
1362.
1962-Pub. L. 87-748, § l(b), Oct. 5, 1962, 76 Stat.744, added
Item 1361.
1958-Pub. L. 85-554, 1 4, July 25, 1958, 72 Stat. 415inserted
"costs" in items 1331 and 1332.
1953-Act Aug. 15, 1953, ch. 505, J 3, 67 Stat. 589,added item
1360.
FEDERAL RULzS OF CIVIL PROCEDUREProcedure, generally, in
district courts, see Appendix
to this title.Jurisdictional grounds, statement required in
claim
for relief, see rule 8.Parties, see rules 17 to 25.Process and
service, see rules 4 and 5.
FEDERAL RULES OF CRIMINAL PROCEDURE
Procedure, generally, in district courts, see Title 18,Appendix,
Crimes and Criminal Procedure.
CROSS REFERENCES
Admiralty and maritime Jurisdiction, see section 740of Title 46,
Shipping.
Amendment of pleadings to show jurisdiction, seesection 1653 of
this title.
Costs on dismissal for lack of jurisdiction, see section1919 of
this title.
Criminal jurisdiction of district courts, see section3231 et
seq. of Title 18, Crimes and Criminal Proce-dure.
Criminal procedure, see section 3001 et seq. of Title18.
District of Columbia district court, additional juris-diction,
see D.C. Code 511-501.
Guam, jurisdiction of district court, see section 1424of Title
48, Territories and Insular Possessions.
Immigration and naturalization, jurisdiction of dis-trict
courts, see sections 1329 and 1421 of Title 8,Aliens and
Nationality.
Jurisdiction in suits to recover share of expensesagainst
handlers of agricultural commodities regard-less of amount in
controversy, see section 610 of Title7, Agriculture.
Jurisdiction of district courts in particular matters,see table
in reviser's note for section 1332 of this title,
Process, see section 1691 et seq. of this title.Removal of cases
from state courts, see sections 1441
et seq. of this title.Virgin Islands, jurisdiction of district
court, see sec-
tions 1612 and 1613 of Title 48, Territories and
InsularPossessions.
§ 1330. Actions against foreign states
(a) The district courts shall have original ju-risdiction
without regard to amount in contro-versy of any nonJury civil
action against a for-eign state as defined in section 1603(a) of
thistitle as to any claim for relief in personam withrespect to
which the foreign state is not enti-tled to immunity either under
sections1605-1607 of this title or under any
applicableinternational agreement.
(b) Personal Jurisdiction over a foreign stateshall exist as to
every claim for relief overwhich the district courts have
jurisdictionunder subsection (a) where service has beenmade under
section 1608 of this title.
(c) For purposes of subsection (b), an appear-ance by a foreign
state does not confer personal
jurisdiction with respect to any claim for reliefnot arising out
of any transaction or occurrenceenumerated in sections 1605-1607 of
this title,(Added Pub. L. 94-583, § 2(a), Oct. 21, 1976, 90Stat.
2891.)
ErFECTIVE DATE
Section effective 90 days after Oct. 21, 1976, see sec-tion 8 of
Pub. L. 94-583, set out as a note under section1602 of this
title.
§ 1331. Federal question
The district courts shall have original juris-diction of all
civil actions arising under theConstitution, laws, or treaties of
the UnitedStates.
(June 25, 1948, ch. 646, 62 Stat. 930; July 25,1958, Pub. L.
85-554, § 1, 72 Stat. 415; Oct. 21,1976, Pub. L. 94-574, § 2, 90
Stat. 2721; Dec. 1,1980, Pub. L. 96-486, J 2(a), 94 Stat.
2369.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3,1911, ch,
231, 1 24, par. 1, 36 Stat. 1091; May 14, 1934,ch. 283, 5 1, 48
Stat. 775; Aug. 21, 1937, ch. 726, 5 1, 50Stat. 738; Apr. 20, 1940,
ch. 117, 54 Stat. 143).
Jurisdiction of federal questions arising under othersections of
this chapter is not dependent upon theamount in controversy. (See
annotations under formersection 41 of title 28, U.S.C.A., and 35
C.J.S., p. 833 etseq., if 30-43. See, also, reviser's note under
section1332 of this title.)
Words "wherein the matter in controversy exceedsthe sum or value
of $3,000, exclusive of interest andcosts," were added to conform
to rulings of the Su-preme Court. See construction of provision
relating toJurisdictional amount requirement in cases involving
aFederal question in United States v. Sayward, 16 S.Ct.371, 160
U.S. 493, 40 L.Ed. 508; Ftshback v. WesternUnion Tel. Co., 16 S.Ct.
506, 161 U.S. 96, 40 L.Ed. 630;and Halt v. Indiana Manufacturing
Co., 1900, 20 S.Ct.272, 176 U.S. 68, 44 L.Ed. 374.
Words "all civil actions" were substituted for "allsuits of a
civil nature, at common law or in equity" toconform with Rule 2 of
the Federal Rules of Civil Pro-cedure.
Words "or treaties" were substituted for "or treatiesmade, or
which shall be made under their authority,"for purposes of
brevity.
The remaining provisions of section 41(1) of title 28,U.S.C.,
1940 ed., are incorporated in sections 1332,1341, 1342, 1345, 1354,
and 1359 of this title.
Changes were made in arrangement and phraseolo-gy.
AMENDMENTS
1980-Pub. L. 96-486 struck out "; amount in contro-versy; costs"
in catchline, struck out minimum amountin controversy requirement
of $10,000 for original ju-risdiction in federal question cases
which necessitatedstriking the exception to such required
minimumamount that authorized original jurisdiction in
actionsbrought against the United States, any agency there-of, or
any officer or employee thereof in an official ca-pacity, struck
out provision authorizing the districtcourt except where express
provision therefore wasmade in a federal statute to deny costs to a
plaintiffand in fact impose such costs upon such plaintiffwhere
plaintiff was adjudged to be entitled to recoverless than the
required amount in controversy, comput-ed without regard to set-off
or counterclaim and exclu-sive of interests and costs, and struck
out existing sub-section designations,
1976-Subsec. (a). Pub. L. 94-574 eliminated the$10,000
Jurisdictional amount where the action is
Page 227 § 1331
-
TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE
brought against the United States, any agency there-of, or any
officer or employee thereof in his official ca-pacity.
1958-Pub. L. 85-554 included costs in catchline.Subsec. (a).
Pub. L. 85-554 designated the former
entire section as subsec. (a) and substituted "$10,000"for
"$3,000".
Subsec. (b). Pub. L. 85-554 added subsec. (b).
ErIzc'vz DATE or 1980 AmzNDImwr APPLICABILITYSection 4 of Pub.
L. 96-486 provided: "This Act
[amending this section and section 2072 of Title 15,Commerce and
Trade, and enacting a provision set outas a note under section 1 of
this title] shall apply toany civil action pending on the date of
enactment ofthis Act [Dec. 1, 1980]."
E ctrvcr DATE o 1958 AMZNDMENTSection 3 of Pub. L. 85-554
provided that: "This Act
[amending sections 1331, 1332 and 1345 of this title]shall apply
only in the case of actions commencedafter the date of the
enactment of this Act [July 25,19581."
CROSS RznzmrscEs
Controversies involving pollution of waters, Jurisdic-tion of
actions by States, see section 466g-1 of Title 33,Navigation and
Navigable Waters.
Convention on the Settlement of Investment Dis.putes, exclusive
jurisdiction of district courts over ac-tions and proceedings for
enforcement of arbitrationawards under the Convention, regardless
of amount incontroversy, see section 1650a of Title 22, Foreign
Re.lations and Intercourse.
Federal Depoait Insurance Corporation as party, seesection 1819
of Title 12, Banks and Banking.
Federal Reserve Bank as party, see section 632 ofTitle 12.
International Finance Corporation as party, see sec.tion 282f of
Title 22, Foreign Relations and Inter.course.
International or foreign banking transactions, seesection 632 of
Title 12, Banks and Banking.
Reclamation projects, compensation for rights-of-way, see
section 945b of Title 43, Public Lands.
SECTION RzrzIUiz TO IN OTIEKR SECTIONSThis section is referred
to in title 15 section 2064;
title 42 section 405.
§ 1332. Diversity of citizenship; amount in controver-sy;
costs
(a) The district courts shall have original ju-risdiction of all
civil actions where the matterin controversy exceeds the sum or
value of$10,000, exclusive of interest and costs, and
isbetween-
(1) citizens of different States;(2) citizens of a State and
citizens or sub-
Jects of a foreign state;(3) citizens of different States and in
which
citizens or subjects of a foreign state are addi-tional parties;
and
(4) a foreign state, defined in section1603(a) of this title, as
plaintiff and citizensof a State or of different States.
(b) Except when express provision therefor isotherwise made in a
statute of the UnitedStates, where the plaintiff who files the
caseoriginally in the Federal courts is finally ad-Judged to be
entitled to recover less than thesum or value of $10,000, computed
withoutregard to any setoff or counterclaim to whichthe defendant
may be adjudged to be entitled,and exclusive of interest and costs,
the district
court may deny costs to the plaintiff and, in ad-dition, may
impose costs on the plaintiff.
(c) For the purposes of this section and sec-tion 1441 of this
title, a corporation shall bedeemed a citizen of any State by which
it hasbeen incorporated and of the State where it hasits principal
place of business: Provided further,That in any direct action
against the insurer ofa policy or contract of liability
insurance,whether incorporated or unincorporated, towhich action
the insured is not joined as aparty-defendant, such insurer shall
be deemeda citizen of the State of which the insured is acitizen,
as well as of any State by which the in-surer has been incorporated
and of the Statewhere it has its principal place of business.
(d) The word "States", as used in this section,includes the
Territories, the District of Colum-bia, and the Commonwealth of
Puerto Rico.
(June 25, 1948, ch. 646, 62 Stat. 930; July 26,1956, ch. 740,
'70 Stat. 658; July 25, 1958, Pub. L.85-554, § 2, 72 Stat. 415;
Aug. 14, 1964, Pub. L.88-439, § 1, 78 Stat. 445; Oct. 21, 1976,
Pub. L.94-583, J 3, 90 Stat. 2891.)
HISTORICAL mNm REvISION NOTES
Based on title 28, U.S.C., 1940 ed., 1 41(1) (Mar. 3,1911, ch.
231, § 24, par. 1. 36 Stat. 1091; May 14, 1934,ch. 283, § 1, 48
Stat. '775; Aug. 21, 1937, ch. '726, J 1, 50Stat. 738; Apr. 20,
1940, ch. 117, 54 Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C.,1940 ed.,
are incorporated in sections 1331, 1341, 1342,1345, 1354, and 1359
of this title. (See reviser's notesunder said sections.)
Jurisdiction conferred by other sections of this chap-ter,
except section 1335, is not dependent upon diversi-ty of
citizenship. (See annotations under former sec-tion 41 of title 28,
U.S.C.A., and 35 C.J.S., p. 833 et seq.if 30-43. See, also,
reviser's note under section 1331 ofthis title.) As to citizenship
of bank where Jurisdictiondepends upon diversity of citizenship,
see section 1348of this title.
Words "all civil actions" were substituted for "allsuits of a
civil nature, at common law or in equity" inorder to conform to
Rule 2 of the Federal Rules ofCivil Procedure.
Words "or citizens of the District of Columbia, Ter-ritory of
Hawaii, or Alaska, and any State or Terri-tory" which were inserted
by the amendatory actApril 20, 1940, are omitted. The word "States"
is de-fined in this section and enumeration of the refer-ences Is
unnecessary.
The revised section conforms with the views ofPhilip F. Herrick,
United States Attorney, PuertoRico, who observed that the act of
April 20, 1940, per-mitted action between a citizen of Hawaii and
ofPuerto Rico, but not between a citizen of New Yorkand Puerto
Rico, in the district court.
This changes the law to insure uniformity. The 1940amendment
applied only to the provision as to contro-versies between
"citizens of different States." The newdefinition in subsection (b)
extends the 1940 amend-ment to apply to controversies between
citizens of theTerritories or the District of Columbia, and
foreignstates or citizens or subjects thereof.
The diversity of citizenship language of section 41(1)of title
28, U.S.C., 1940 ed., as amended in 1940, wasdescribed as ambiguous
in McGarry v. City of Bethle.hem, 45 F.Supp. 385, 386. In that case
the 1940 amend-ment was held unconstitutional insofar as it
affectedthe District of Columbia. However, two other districtcourts
upheld the amendment. Winkler v. Daniels,D.C.Va. 1942, 43 F.Supp.
265; Glaeser v. Acacia MutualLife Ass'n., D.C.Cal. 1944, 55 F.Supp.
925.
§ 1332 Page 228
-
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
This section is intended to cover all diversity of citi-zenship
instances in civil actions in accordance withthe judicial
construction of the language in the origi-nal section 41(1) of
title 28, U.S.C., 1940 ed. Therefore,the revised language covers
civil actions between-
Citizens of a State, and citizens of other States andforeign
states or citizens or subjects thereof;
Citizens of a Territory or the District of Columbia,and foreign
states or citizens or subjects thereof;
Citizens of different States;Citizens of different
Territories;Citizens of a State, and citizens of
Territories;Citizens of a State or Territory, and citizens of
the
District of Columbia;Citizens of a State, and foreign states or
citizens or
subjects thereof.The revised section removes an uncertainty
referred
to in the McGarry case, supra, as to whether Congressintended to
permit citizens of the Territories or theDistrict of Columbia to
sue a State or Territory itselfrather than the citizens thereof.
The court observedthat "Congress could hardly have had such
intention."
The sentence "The foregoing provisions as to thesum or value of
the matter in controversy shall not beconstrued to apply to any of
the cases mentioned inthe succeeding paragraphs of this section"
was omit-ted as unnecessary. Those paragraphs are (2)-(28) ofsaid
section 41 of title 28, U.S.C., 1940 ed., which arerevised and
incorporated in this chapter and, exceptfor those relating to
actions against the United Statesand interpleader, contains no
provision as to a sum orvalue necessary to confer jurisdiction.
Consequentlythe omitted sentence is covered by excluding such
re-quirement.
Section 41(1) of title 28, U.S.C., 1940 ed., as original-ly
enacted, purported to include all jurisdictional pro-visions
relating to the district courts. Subsequently,many special
jurisdictional provisions were enactedand incorporated in other
titles of the U.S.C., 1940 ed.,as follows:Title Section7
..........................................................................................
2097
..........................................................................................
2107
..........................................................................................
2167
..........................................................................................
2927
........................................................................................
499g7
...................................................................................
608a(6)7
............................................................................
608c(15)(B)7
................................................................................
610(b )(2)7
..........................................................................................
6487
........................................................................................
11757
..............................................................................
1365-13677
........................................................................................
13767
...................................................................................
1508(c)8
..........................................................................................
1648
..........................................................................................
7018
..........................................................................................
9039 ... ............ .........
...................................... 49 ..... ............... .
.... ........................................ ......
89......................................... ......
................................. 911
.....................................................................................
11 (a)11
.....................................................................................
4611
...............................................................................
205 (a )(1)11
........................................................................................
40111 ......................................... 51111
........................................................................................
51211
................................................................................
514-51611
.......................................................................................
71111
......................................................................................
71211
........................................................................................
81111
........................................................................................
81211
.................................................................................101111
.....................................................................................
101211
.....................................................................................
10 1 311
.....................................................................................
120012
.....................................................................................
9312
........................................................................................
19 512
........................................................................................
63215.......................................................................................
.4
Title Section15
.....................................................
............................... 915
........................................................................
5............. 1515
..........................................................................::..............
2515
..........................................................................................
2615
..........................................................................................
3115
.........................................................................................
68315
.........................................................................................
68e15
.........................................................................................
77t15
......................................................................................
77v15
....................................................................................
78uve)15
...................................................................................
78u(f)15
.....................................................................................
78 aaf15
......................................................................................
)(e)15
...............................................................................
79r(f)(g)15
.................................................................................
80a-25(15
..................................................................................
80a-2515
....................................................................
.............. 80a-34is
..................................................................................(80a
e)15
..................................................................................
80a-415
..................................................................................
80a-415
.........................................................................................1415
..........................................................................................
915
.........................................................................................
93315
........................................................................................
4315
...................................................................................
715 1~c15
.......................................................................................
715115
......................................................................................
717s15
........................................................................................
7 1u16
........................................................................................
10316
.......................................................................................
583e16
.......................................................................................
82016
......................................................................................
825m16 ................................
I...................................................... 825n17
....................................
I.................................................... 82p17
..........................................................................................
2617
.........................................................................................
134
21
........................................................................................
1321
........................................................................................
33221
........................................................................................
35525
........................................................................................
314525
.......................................................................................
363326
......................................................................................
363326
.......................................................................................
380027
........................................................................................
20729 ......................................................
I.................................10129
..................................................................................
10 (e029
........................................................................................(e)29
........................................................................................
21629
........................................................................................
21730
........................................................................................
18831
........................................................................................
23233
........................................................................................
95833
........................................................................................
91833
.........................................................................................
92135
..........................................................................................
6335
..........................................................................................
6735
.........................................................................................
735
.........................................................................................
72a35 ..............................................
I........................................... 44038
........................................................................................
44540
.......................................................................................
2740
.......................................................................................
270b40
...................................................................................
1 3 61(241
............................................................................
11( )( )42
......................................................................................
5443
.......................................................................................
546243
........................................................................................
106245
..........................................................................................
5845 .....................................................
I.................. ................. 8845
..........................................................................................p845
........................................................................................(1545
........................................................................................
1859
45 .....................................
............................................... 228j445
..................................
................................................... 228k45
..................................................................
...................... 26845
....................................................................................
355(f)46
.....................................................................................
597
§ 1332Page 229
-
TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE
Tit/e Section46
.......................................................................................
68846
........................................................................................
71146
............................................................................
741 et seq.46
............................................................................
781 et seq.46
...................................................................................
941(c)46
........................................................................................
95146
........................................................................................
95446
.................................................................................
1114(c)46
....................................................................................
1128d47 ...................................... 1147
.....................................................................................
1347
.....................................................................................
3347
.....................................................................................
3647
........................................................................................
20747
........................................................................................
40147
........................................................................................
40647
........................................................................................
40748
........................................................................................
24248
........................................................................................
24549
.......................................................................................
5(8)49.................................................................
949
.....................................................................................
16(2)49
.....................................................................................
16(9)49
...................................................................................
16(12)49
.....................................................................................
17(9)49
....................................................................................
19a(l)49
.....................................................................................
20(9)49 ...................................... 2349
....................................................................................
26(h)49
................................................................................
41(l)(3)49
.....................................................................................
4349
..............................................................................
181(b)(c)49
...................................................................................
305(g)49
...................................................................................
322(b)49
...................................................................................
64749
........................................................................................
91649
......................................................................................
101749
......................................................................................
102150
.....................................................................................
23D .C. Code .....................................................
11-305- 11-307D .C. Code
....................................................................
11-309D .C. Code
....................................................................
11-324
AMEmmMNTS
1976-Subsec. (a)(2). Pub. L. 94-583 substituted "andcitizens or
subjects of a foreign state;" for ", and for-eign states or
citizens or subjects thereof; and".
Subsec. (a)(3). Pub. L. 94-583 substituted "citizens orsubjects
of a foreign state are additional parties; and"for "foreign states
or citizens or subjects thereof areadditional parties".
Subsec. (a)(4). Pub. L. 94-583 added par. (4).1964-Subsec. (c).
Pub. L. 88-439 added the proviso
deeming an insurer of liability insurance, in an actionto which
the insurer is not Joined as a party-defend-ant, a citizen, of the
State of which the insured is acitizen, as well as the State the
insurer has been incor-porated by and the State where it has its
principalplace of business.
1958-Pub. L. 85-554 included costs in the catchline.Subsec. (a).
Pub. L. 85-654 substituted "$10,000" for
"$3,000".Subsec. (b). Pub. L. 85-554 added subsec. (b) and
re-
designated former subsec. (b) as (d).Subsec. (c). Pub. L. 85-554
added subsec. (c).Subsec. (d). Pub. L. 85-554 redesignated
former
subsec. (b) as (d).1956-Subsec. (b). Act July 26, 1956, included
the
Commonwealth of Puerto Rico.
ErFcrzVE DATE or 1976 AMENDMENTAmendment by Pub. L. 94-583
effective 90 days after
Oct. 21, 1976, see section 8 of Pub. L. 94-583, set out asan
Effective Date note under section 1602 of this title.
EFFECTIVE DATE or 1964 AMENDMENTSection 2 of Pub. L. 88-439
provided that: "The
amendment made by this Act to section 1332(c), title
28. United States Code, applies only to causes of actionarising
after the date of enactment of this Act (Aug.14. 1964]."
EFFECTIVE DATE OF 1958 AmENDMENT
Amendment by Pub. L. 85-554 applicable only in thecase of
actions commenced after July 25, 1958, see sec-tion 3 of Pub. L.
85-554, set out as a note under section1331 of this title.
FEDERAL RULEs OF CIVIL PROCEDURE
Defenses and objections, see rule 12, Appendix tothis title.
CROSS REFERENCESControversies involving pollution of waters.
Jurisdic.
tion of actions by States, see section 466g-1 of Title
33,Navigation and Navigable Waters.
Removal of cases from State courts, see section 1441et seq. of
this title.
Venue of actions based on diversity of citizenship,see section
1391 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1335, 1603 ofthis
title.
§ 1333. Admiralty, maritime and prize cases
The district courts shall have original Juris-diction, exclusive
of the courts of the States, of:
(1) Any civil case of admiralty or maritimeJurisdiction, saving
to suitors In all cases allother remedies to which they are
otherwiseentitled.
(2) Any prize brought into the UnitedStates and all proceedings
for the condenma-tion of property taken as prize.
(June 25, 1948, ch. 646, 62 Stat. 931; May 24,1949, ch. 139, §
79, 63 Stat. 101.)
HISTORICAL AND RvIISIoN NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., 1 41(3) and 371(3), (4)
(Mar. 3, 1911, ch. 231, if 24, par, 3, 256, pars. 3,4, 36 Stat.
1091, 1160; Oct. 6, 1917, ch. 97, §§ 1, 2, 40Stat. 395; June 10,
1922, ch. 216. J 1, 2, 42 Stat. 634).
Section consolidates certain provisions of sections41(3), 371(3)
and 371(4) of title 28, U.S.C., 1940 ed.Other provisions of
sections 41(3) and 371(4), relatingto seizures, are incorporated in
section 1356 of thistitle. (See reviser's note thereunder.)
The "saving to suitors" clause in sections 41(3) and371(3) of
title 28, U.S.C., 1940 ed., was changed by sub-stituting the words
"any other remedy to which he isotherwise entitled" for the words
"the right of acommon law remedy where the common law is compe-tent
to give it." The substituted language is simplerand more expressive
of the original intent of Congressand is in conformity with Rule 2
of the Federal Rulesof Civil Procedure abolishing the distinction
betweenlaw and equity.
Provisions of section 41(3) of title 28, U.S.C., 1940ed., based
on the 1917 and 1922 amendments, relatingto remedies under State
workmen's compensationlaws, were deleted. Such amendments were held
un-constitutional by the Supreme Court, (See Knicker-bocker Ice Co.
v. Stewart, 1920, 40 S.Ct. 438, 253 U.S.149, 64 L.Ed. 834, and
State of Washington v. W. C.Dawson & Co., 1924, 44 S.Ct. 302,
264 U.S. 219, 68L.Ed. 646.)
Words "libellant or petitioner" were substituted for"suitors" to
describe moving party in admiralty cases.
Changes were made in phraseology.
§ 1333 Page 230
-
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
1949 AcTThis section amends section 1333(a)(1) of title 28,
U.S.C., by substituting "suitors" for "libellant or peti-tioner"
to conform to (he language of the law in exist-ence at the time of
the enactment of the revision oftitle 28.
AMENDMENTS
1949-Subd. (1). Act May 24. 1949, substituted "suit-ors" for
"libellant or petitioner".
CROSS REFERENCES
Admiralty and maritime jurisdiction of cases ofdamage or injury
to persons or property, caused by avessel, whether done or
consummated on land, see sec-tion 740 of Title 46, Shipping.
Admiralty suits against United States, jurisdiction,see sections
741 et seq. and 781 et seq. of Title 46.
Jury trial in admiralty cases, see section 1873 of
thistitle.
Limitation of vessel owner's liability, see section 181et seq.
of Title 46. Shipping.
Prize-Generally, see section 7651 et seq. of Title 10,
Armed Forces.Jurisdiction, see section 7652 of Title 10.
Seaman, definition of, see section 713 of Title 46,Shipping.
§ 1334. Bankruptcy matters and proceedings
The district courts shall have original juris-diction, exclusive
of the courts of the States, ofall matters and proceedings in
bankruptcy.
(June 25, 1948, ch. 646, 62 Stat. 931.)
AMENDMENT OF SECTION
Pub. L. 95-598, title II, § 238(a), title IV,§ 402(b), Nov. 6,
1978, 92 Stat. 2667, 2682,provided that, effective Apr. 1, 1984,
this sec-tion is amended to read as follows:
§ 1334. Bankruptcy appeals(a) The district courts for districts
for which
panels have not been ordered appointed undersection 160 of this
title shall have jurisdictionof appeals from all final judgments,
orders, anddecrees of bankruptcy courts.
(b) The district courts for such districts shallhave
jurisdiction of appeals from interlocutoryorders and decrees of
bankruptcy courts, butonly by leave of the district court to which
theappeal is taken.
(c) A district court may not refer an appealunder that section
to a magistrate or to a spe-cial master.
For bankruptcy jurisdiction and proce-dure during transition
period, see notes pre-ceding section 1471 of this title.
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 41(19) and371(6) (Mar. 3.
1911, ch. 231. 1124, par. 19, 256, par. 6,36 Stat. 1093, 1160).
Changes in phraseology were made.
SEcTIoN REFERRED TO IN OTHER SECrONsThis section is referred to
in section 1408 of this
title.
§ 1335. Interpleader
(a) The district courts shall have original Ju-risdiction of any
civil action of interpleader orin the nature of interpleader filed
by any
person, firm, or corporation, association, or so-ciety having in
his or its custody or possessionmoney or property of the value of
$500 or more,or having issued a note, bond, certificate, policyof
Insurance, or other instrument of value oramount of $500 or more,
or providing for thedelivery or payment or the loan of money
orproperty of such amount or value, or beingunder any obligation
written or unwritten tothe amount of $500 or more, if
(1) Two or more adverse claimants, of diversecitizenship as
defined in section 1332 of thistitle, are claiming or may claim to
be entitled tosuch money or property, or to any one or moreof the
benefits arising by virtue of any note,bond, certificate, policy or
other instrument, orarising by virtue of any such obligation; and
if(2) the plaintiff has deposited such money orproperty or has paid
the amount of or the loanor other value of such instrument or
theamount due under such obligation into the reg-istry of the
court, there to abide the judgmentof the court, or has given bond
payable to theclerk of the court in such amount and withsuch surety
as the court or judge may deemproper, conditioned upon the
compliance by theplaintiff with the future order or judgment ofthe
court with respect to the subject matter ofthe controversy.
(b) Such an action may be entertained al-though the titles or
claims of the conflictingclaimants do not have a common origin, or
arenot identical, but are adverse to and independ-ent of one
another.
(June 25, 1948, ch. 646, 62 Stat. 931.)
HISTORICAL AND REvISION NOTES
Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3,1911, ch.
231, J 24, par. 26, as added Jan. 20, 1936, ch.13, § 1, 49 Stat.
1096).
Words "civil action" were substituted for "suits inequity"; word
"plaintiff" was substituted for "com-plainant"; and word
"Judgement" was substituted for"decree," in order to make the
language of this sectionconform with the Federal Rules of Civil
Procedure.
The words "duly verified" following "in the natureof
interpleader," near the beginning of the section,were omitted.
Under Rule 11 of the Federal Rules ofCivil Procedure pleadings are
no longer required to beverified or accompanied by affidavit unless
speciallyrequired by statute. Although verification was special-ly
required by section 41(26) of title 28, U.S.C., 1940ed., the need
therefor is not apparent.
Provisions of section 41(26)(b) of title 28, U.S.C.,1940 ed.,
relating to venue are the basis of section 1397of this title. (See,
also, reviser's note under said sec-tion.)
Subsections (c) and (d) of said section 41(26) relatingto
issuance of injunctions constitute section 2361 ofthis title. (See
reviser's note under said section.)
Subsection (e) of such section 41(26), relating to de-fense in
nature of interpleader and joinder of addi-tional parties, was
omitted as unnecessary, such mat-ters being governed by the Federal
Rules of Civil Pro.cedure.
Changes were made in phraseology.
FEDERAL RULES Ol CIVIL PROCEDURE
Interpleader, injunctions and deposit in court, seerules 22, 65
and 67, Appendix to this title.
Form of complaint, see Form 18, Appendix to rules.
Page 231 § 1335
-
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
CRoss REFERENCES
Actions on war risk insurance claims, see section1292 of Title
46, Shipping.
Interpleader actions-Process and procedure, see section 2361 of
this
title.Venue, see section 1397 of this title.
SECTION REFERRED TO IN OTHER SECTIONSThis section is referred to
in sections 1397, 2361 of
this title.
§ 1336. Interstate Commerce Commission's orders
(a) Except as otherwise provided by Act ofCongress, the district
courts shall have jurisdic-tion of any civil action to enforce, in
whole orIn part, any order of the Interstate CommerceCommission,
and to enjoin or suspend, in wholeor in part, any order of the
Interstate Com-merce Commission for the payment of moneyor the
collection of fines, penalties, and forfeit-ures.
(b) When a district court or the United StatesClaims Court
refers a question or issue to theInterstate Commerce Commission for
determ!.nation, the court which referred the questior.or issue
shall have exclusive Jurisdiction of acivil action to enforce,
enjoin, set aside, annul,or suspend, in whole or in part, any order
of theInterstate Commerce Commission arising out ofsuch
referral.
(c) Any action brought under subsection (b)of this section shall
be filed within 90 daysfrom the date that the order of the
InterstateCommerce Commission becomes final.
(June 25, 1948, ch. 646, 62 Stat. 931; Aug. 30,1964, Pub. L.
88-513, 78 Stat. 695; Jan. 2, 1975,Pub. L. 93-584, § 1, 88 Stat.
1917; Apr. 2, 1982,Pub. L. 97-164, title I, § 128, 96 Stat.
39.)
HISTORICAL AND REVISION NOTESBased on title 28, U.S.C., 1940
ed., 5 41(27), (28)
(Mar. 3, 1911, ch. 231, 5 24(27), (28), 207, 36 Stat. 1091,1148;
Oct. 22, 1913, ch. 32, 38 Stat. 219).
Words "Except as otherwise provided by enactmentof Congress"
were inserted because of certain similarcases of which the courts
of appeals are given jurisdic-tion. (See, for example, section 21
of title 15, U.S.C.,1940 ed., Commerce and Trade.)
Words "any civil action" were substituted for "allcases" and
"cases" in view of Rule 2 of the FederalRules of Civil
Procedure.
Changes were made in phraseology.
AMENDMENTS
1982-Subsec, (b). Pub. L. 97-164 substituted "UnitedStates
Claims Court" for "Court of Claims".
1975-Subsec. (a). Pub. L. 93-584 substituted provi-sions that
the district courts shall have jurisdiction ofcivil actions to
enforce, In whole or in part, orders ofthe Interstate Commerce
Commission, and to enjoinor suspend, in whole or in part, any order
of the Inter-state Commerce Commission for the payment ofmoney or
the collection of fines, penalties, and forfeit-ures, for
provisions that the district courts shall haveJurisdiction of civil
actions to enforce, enjoin, setaside, annul or suspend, In whole or
In part, any orderof the Interstate Commerce Commission.
1964-Pub. L. 88-513 designated existing provisionsas subsec.
(a), and added subsecs. (b) and (c).
EFFECTIvE DATE OF 1982 AMENDMENTAmendment by Pub. L. 97-164
effective Oct. 1. 1982,
see section 402 of Pub. L. 97-164. set out as a noteunder
section 171 of this title.
EFFECTIVE DATE OF 1975 AMENDMENTAmendment by Pub. L. 93-584 not
applicable to ac-
tions commenced on or before the last day of the firstmonth
beginning after Jan. 2, 1975, and actions toenjoin or suspend
orders of the Interstate CommerceCommission which are pending when
this amendmentbecomes effective shall not be affected thereby,
butshall proceed to final disposition under the law exist-ing on
the date they were commenced, see section 10of Pub. L. 93-584, set
out as a note under section 2321of this title.
CROSS REREmNCSs
Procedure for enforcement and review of InterstateCommerce
Commission orders, see section 2321 et seq.of this title.
Venue of actions involving Interstate CommerceCommission's
order, see section 1398 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1398 of thistitle; title
49 section 11901.
§ 1337. Commerce and antitrust regulations; amountin
controversy, costs
(a) The district courts shall have original Ju-risdiction of any
civil action or proceeding aris-ing under any Act of Congress
regulating com-merce or protecting trade and commerceagainst
restraints and monopolies: Provided,however, That the district
courts shall haveoriginal jurisdiction of an action brought
undersection 11707 of title 49, only if the matter incontroversy
for each receipt or bill of lading ex-ceeds $10,000, exclusive of
interest and costs.
(b) Except when express provision therefor isotherwise made in a
statute of the UnitedStates, where a plaintiff who files the
caseunder section 11707 of title 49, originally in theFederal
courts is finally adjudged to be entitledto recover less than the
sum or value of $10,000,computed without regard to any setoff or
coun-terclaim to which the defendant may be ad-Judged to be
entitled, and exclusive of any in-terest and costs, the district
court may denycosts to the plaintiff and, in addition, mayimpose
costs on the plaintiff.
(c) The district courts shall not have Jurisdic-tion undar this
section of any matter within theexclusive Jurisdiction of the Court
of Interna-tional Trade under chapter 95 of this title,
(June 25, 1948, ch. 646, 62 Stat. 931; Oct. 20,1978, Pub. L.
95-486, § 9(a), 92 Stat. 1633; Oct.10, 1980, Pub. L. 96-417, title
V, § 505, 94 Stat.1743; Jan. 12, 1983, Pub. L. 97-449, § 5(f),
96Stat. 2442.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., 1 41(8), (23) (Mar.3, 1911,
ch. 231, § 24, pars. 8, 23, 36 Stat. 1092, 1093;Oct. 22, 1913, ch.
32. 38 Stat. 219).
Words "civil action" were substituted for "suits", Inview of
Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
AMENDMENTS
1983-Pub. L. 97-449 substituted "section 11707 oftitle 49" for
"section 20(11) of part I of the InterstateCommerce Act (49 U.S.C.
20(11)) or section 219 of partII of such Act (49 U.S.C. 319)"
wherever appearing.
1980-Subsec. (c). Pub. L. 96-417 added subsec. (c).
§ 1336 Page 232
-
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
1978-Subsec. (a). Pub. L. 95-486 designated existingprovisions
as subsec. (a) and, as so designated, addedproviso giving the
district courts original jurisdictionof actions brought under
sections 20(11) and 219 ofthe Interstate Commerce Act when the
amounts incontroversy for each receipt exceed $10,000, exclusiveof
interests and costs.
Subsec. (b). Pub. L. 95-486 added subsec. (b).
Ernrrrvs DATE or 1980 AMENDMENTAmendment by Pub. L. 96-417
effective Nov. 1, 1980
and applicable with respect to civil actions pending onor
commenced on or after such date, see section 701(a)of Pub. L.
98-417, set out as a note under section 251of this title.
SECTION REFERRE TO IN OTHER SECTIONS
This section is referred to In title 41 sections 607,609.
§ 1338. Patents, plant variety protection,
copyrights,trade-marks, and unfair competition
(a) The district courts shall have original Ju-risdiction of any
civil action arising under anyAct of Congress relating to patents,
plant vari-ety protection, copyrights and trade-marks.Such
jurisdiction shall be exclusive of thecourts of the states in
patent, plant variety pro-tection and copyright cases.
(b) The district courts shall have original ju-risdiction of any
civil action asserting a claim ofunfair competition when Joined
with a substan-tial and related claim under the copyright,patent,
plant variety protection or trade-marklaws.
(June 25, 1948, ch. 646, 62 Stat. 931; Dec. 24,1970, Pub. L.
91-577, title III, § 143(b), 84 Stat.1559.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., 1I 41(7) and 371(5)(Mar. 3,
1911, ch. 231, II 24, par. 7, 256, par. 5, 36 Stat.1092, 1160).
Section consolidates section 41(7) with section 371(5) of title
28, U.S.C., 1940 ed., with necessary changesIn phraseology.
Words "of any civil action" were substituted for "allsuits at
law or in equity" and "cases" to conform sec-tion to Rule 2 of the
Federal Rules of Civil Procedure.
Word "patents" was substituted for "patent-right"in said section
371 (Fifth) of title 28, U.S.C., 1940 ed.
Similar provisions respecting suits cognizable in dis.trict
courts, Including those of territories and posses.sions. (See
section 34 of title 17, U.S.C.. 1940 ed., Copy-rights.)
Subsection (b) is added and is Intended to avoid"piecemeal"
litigation to enforce common-law andstatutory copyright, patent,
and trade-mark rights byspecifically permitting such enforcement in
a singlecivil action in the district court. While this is the
ruleunder Federal decisions, this section would enact it
asstatutory authority. The problem is discussed atlength in Hum v.
Oursler (1933, 53 S.Ct. 586, 289 U.S.238, 77 L.Ed. 1148) and in
Musher Foundation v. AlbaTrading Co. (C.C.A. 1942, 127 F.2d 9)
(majority anddissenting opinions).
AMENDMENTS
1970-Pub. L. 91-577 inserted references to "plantvariety
protection" In the heading and in subsecs. (a)and (b).
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-577 effective Dec. 24,1970, see section
141 of Pub. L. 91-577, set out as an
Effective Date note under section 2321 of Title 7,
Agri-culture.
CROSS REFERENCES
Amount in controversy under this section, see His-torical and
Revision Notes under section 1331 of thistitle.
Civil action to obtain patent or In case of interfer-ence, see
sections 145 and 146 of Title 35, Patents.
Claims Court, jurisdiction of claims against UnitedStates for
patent infringement, see section 1498 of thistitle.
Diversity of citizenship under this section, see His-torical and
Revision Notes under section 1332 of thistitle.
Foreign Assistance Act of 1961, jurisdiction and legalremedy for
unauthorized use or disclosure of patentsand technical Information,
see section 2356 of Title 22,Foreign Relations and Intercourse.
Infringements of-Copyrights and rights and remedies therefor,
see
section 501 et seq. of Title 17, Copyrights.Patents, see
sections 271 et seq. and 281 et seq. of
Title 35, Patents.Trade-marks, see sections 1057, 1114, 1115
and
1117 of Title 15, Commerce and Trade.Jurisdiction of trade-mark
actions, see section 1121
of Title 15.Pleading and proof In patent actions for
infringe-
ment, see section 282 of Title 35, Patents.Venue-
Patent or copyright actions, see section 1400 ofthis title.
Trade-mark infringement action, see section1391(b) of this
title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1295 of thistitle.
§ 1339. Postal matters
The district courts shall have original juris-diction of any
civil action arising under any Actof Congress relating to the
postal service.
(June 25, 1948, ch. 646, 62 Stat. 932.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., 1 41(6) (Mar. 3,1911, ch.
231, § 24, par. 6, 36 Stat. 1092).
Changes were made In phraseology.
CRoss REFERENCES
Amount in controversy Immaterial in actions underthis section,
see Historical and Revision Notes undersection 1331 of this
title.
Diversity of citizenship immaterial in action underthis section,
see Historical and Revision Notes undersection 1332 of this
title.
Postal laws in general, see Title 39, Postal Service.
§ 1340. Internal revenue; customs duties
The district courts shall have original juris-diction of any
civil action arising under any Actof Congress providing for
internal revenue, orrevenue from imports or tonnage except mat-ters
within the Jurisdiction of the Court of In-ternational Trade.
(June 25, 1948, ch. 646, 62 Stat. 932; Oct. 10,1980, Pub. L.
96-417, title V, § 501(21), 94 Stat.1742.)
Page 233 § 1340
-
TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., J 41(5) (Mar. 3,1911, ch.
231. 1 24, par. 5, 36 Stat. 1092; Mar. 2. 1929,ch. 488, §1, 45
Stat. 1475).
Words "Customs Court" were substituted for "Courtof Customs and
Pattnt Appeals." Section 41(5) of title28, U.S.C., 1940 ed., is
based on the Jud:cial Code of1911. At that time the only court,
other than the dis-trict courts, having Jurisdiction of customs
cases, wasthe Court of Customs Appeals which became theCourt of
Customs and Patent Appeals in 1929. TheCustoms Court was created in
1926 as a court of origi.nal jurisdiction over customs cases. (See
reviser's notepreceding section 251 of this title.)
Words "any civil action" were substituted for "allcases" in view
of Rule 2 of the Federal Rules of CivilProcedure.
Changes were made in phraseology.
AMENDMENTS
1980-Pub. L. 96-417 redesignated the CustomsCourt as the Court
of International Trade.
EFFECTIvE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-417 effective Nov. 1, 1980and applicable
with respect to civil actions pending onor commenced on or after
such date, see section 701(a)of Pub. L. 96-417, set out as a note
under section 251of this title.
CROSS REFERENCESAction by the United States-
Collection of unpaid estate tax, see section 7404 ofTitle 26,
Internal Revenue Code.
Enforcement of tax lien or subjection of propertyto payment of
tax, see section 7403 of Title 26.
Recovery of erroneous tax refund, see section 7405of Title
26.
Action to clear title to property upon which tax lienfiled by
United States, see section 7424 of Title 26.
Amount in controversy immaterial in action underthis section,
see Historical and Revision Notes undersection 1331 of this
title.
Court of International Trade Jurisdiction, see sec-tinn 1581 et
seq. of this title.
Customs officers' immunity from liability, see sec.tion 1513 of
Title 19, Customs Duties.
Diversity of citizenship immaterial in action underthis section,
see Historical and Revision Notes undersection 1332 of this
title.
Jurisdiction of action for refund by taxpayer againstUnited
States, see section 1346 of this title.
Prohibition of suits to restrain tax assessment or col-lection,
see section 7421 of Title 26. Internal RevenueCode.Venue-
Action for collection of internal revenue taxes, seesection 1396
of this title.
Action for refund brought by taxpayer against col-lection
officer, see section 1391 of this title.
Action for refund brought by taxpayer againstUnited States, see
section 1402 of this title.
Fines, penalties or forfeitures, generally, see sec.tion 1395 of
this title.
Judicial action to enforce forfeiture under internalrevenue
laws, see section 7323 of Title 26, Inter-nal Revenue Code.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 26 section 7402.
§ 1341. Taxes by States
The district courts shall not enjoin, suspendor restrain the
assessment, levy or collection ofany tax under Stte law where a
plain, speedyand efficient rerredy may be had in the courtsof such
State.
(June 25, 1948, ch. 646, 62 Stat. 932.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., 1 41(1) (Mar. 3,1911, ch.
231, § 24, par. 1. 36 Stat. 1091; May 14. 1934,ch. 283, 1 1. 48
Stat. 775; Aug. 21, 1937, ch. 726, J 1, 50Stat. 738; Apr. 20, 1940,
ch. 117, 54 Stat. 143).
This section restates the last sentence of section41(1) of title
28, U.S.C., 1940 ed.
Other provisions of section 41(1) of title 28, U.S.C.,1940 ed.,
are incorporated in sections 1331, 1332, 1342,1345, 1354. and 1359
of this title.
Words "at law or in equity" before "in the courts ofsuch State"
were omitted as unnecessary.
Words "civil action" were substituted for "suit" inview of Rule
2 of the Federal Rules of Civil Procedure.
Words "under State law" were substituted for "im-posed by or
pursuant to the laws of any State" for thesame reason.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 49 sections
11503,11503a.
§ 1342. Rate orders of State agencies
The district courts shall not enjoin, suspendor restrain the
operation of, or compliancewith, any order affecting rates
chargeable by apublic utility and made by a State administra-tive
agency or a rate-making body of a State po-litical subdivision,
where:
(1) Jurisdiction is based solely on diversityof citizenship or
repugnance of the order tothe Federal Constitution; and,
(2) The order does not interfere with inter-state commerce;
and,
(3) The order has been made after reason-able notice and
hearing; and,
(4) A plain, speedy and efficient remedymay be had in the courts
of such State.
(June 25, 1948, ch. 646, 62 Stat. 932.)
HISTORICAL AND RrVIsIoN NOTES
Based on title 28, U.S.C., 1940 ed., J 41(1) (Mar. 3,1911, ch.
231, 1 24, par. 1, 36 Stat. 1091; May 14, 1934,ch. 283, § 1, 48
Stat. 775; Aug. 21, 1937. ch. 726, 51, 50Stat. 738; Apr. 20, 1940,
ch. 117, 54 Stat. 143).
This section rearranges and restates the fourth sen-tence of
section 41(1) of title 28, U.S.C., 1940 ed.
Other provisions of section 41(1) of title 28, U.S.C.,1940 ed.,
are incorporated in sections 1331, 1332, 1341,1345, 1354, and 1369
of this title.
Words "at law or in equity" before "in the courts ofsuch State"
were omitted as unnecessary.
Words "civil action" were substituted for "suit," inview of Rule
2 of the Federal Rules of Civil Procedure.
Word "operation" was substituted for "enforcement,operation or
execution" for the same reason.
§ 1343. Civil rights asnd elective franchise
(a) The district courts shall have original ju-risdiction of any
civil action authorized by lawto be commenced by any person:
(1) To recover damages for injury to hisperson or property, or
because of the depriva-tion of any right or privilege of a citizen
ofthe United States, by any act done in further-ance of any
conspiracy mentioned in section1985 of Title 42;
(2) To recover damages from any personwho fails to prevent or to
aid in preventingany wrongs mentioned in section 1985 of Title
§ 1341 Page 234
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TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
42 which he had knowledge were about tooccur and power to
prevent;
(3) To redress the deprivation, under colorof any State law,
statute, ordinance, regula-tion, custom or usage, of any right,
privilegeor immunity secured by the Constitution ofthe United
States or by any Act of Congressproviding for equal rights of
citizens or of allpersons within the Jurisdiction of the
UnitedStates;
(4) To recover damages or to secure equita-ble or other relief
under any Act of Congressproviding for the protection of civil
rights, in-cluding the right to vote.
(b) For purposes of this section-(1) the District of Columbia
shall be consid-
ered to be a State; and(2) any Act of Congress applicable
exclu-
sively to the District of Columbia shall beconsidered to be a
statute of the District ofColumbia.
(June 25, 1948, ch. 646, 62 Stat. 932; Sept. 3,1954, ch. 1263, §
42, 68 Stat. 1241; Sept. 9, 1957,Pub. L. 85-315, part III, § 121,
71 Stat. 637; Dec.29, 1979, Pub. L. 96-170, § 2, 93 Stat.
1284.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 41(12), (13), and(14)
(Mar. 3, 1911, ch. 231, § 24, pars. 12, 13, 14, 36 Stat.1092).
Words "civil action" were substituted for "suits,""suits at law
or in equity" in view of Rule 2 of the Fed-eral Rules of Civil
Procedure.
Numerous changes were made in arrangement andphraseology.
AMENDMENTS
1979--Subsec. (a). Pub. L. 96-170, § 2(1), designatedexisting
provisions as subsec. (a).
Subsec. (b). Pub. L. 96-170, § 2(2), added subsec. (b).1957-Pub.
L. 85-315 inserted "and elective fran.
chise" in the catchline and added par. (4).1954-Act Sept. 3,
1954, substituted "section 1985 of
Title 42" for "section 47 of Title 8" wherever appear-ing.
EnFCTIVE DATE or 1979 AMENDmENTSection 3 of Pub. L. 96-170
provided that: "The
amendments made by this Act [amending this sectionand section
1983 of Title 42, The Public Health andWelfare] shall apply with
respect to any deprivationof rights, privileges, or immunities
secured by the Con-stitution and laws occurring after the date of
the en-actment of this Act (Dec. 29. 1979]."
CROSS REFERENCES
Generally, see section 1981 et seq. of Title 42, ThePublic
Health and Welfare.
Amount in controversy immaterial in action underthis section,
see Historical and Revision Notes undersection 1331 of this
title.
Civil action for deprivation of civil rights, see section1983 of
Title 42. The Public Health and Welfare.
Civil action or injunction for deprivation of votingrights, see
section 1971 of Title 42.
Conspiracy against rights of citizens constitutingfederal crime,
see section 241 of Title 18, Crimes andCriminal Procedure.
Conspiracy to interfere with civil rights, see section1985 of
Title 42, The Public Health and Welfare.
Diversity of citizenship immaterial in action underthis section,
see Historical and Revision Notes undersection 1332 of this
title.
§ 1344. Election disputes
The district courts shall have original juris-diction of any
civil action to recover possessionof any office, except that of
elector of Presi-dent or Vice President, United States
Senator,Representative in or delegate to Congress, ormember of a
state legislature, authorized bylaw to be commenced, where in it
appears thatthe sole question touching the title to officearises
out of denial of the right to vote, to anycitizen offering to vote,
on account of race,color or previous condition of servitude.
The Jurisdiction under this section shallextend only so far as
to determine the rights ofthe parties to office by reason of the
denial ofthe right, guaranteed by the Constitution ofthe United
States and secured by any law, toenforce the right of citizens of
the UnitedStates to vote in all the States.
(June 25, 1948, ch. 646, 62 Stat. 932.)
HISTORICAL AND REvIsION NOTES
Based on title 28, U.S.C., 1940 ed., 1 41(15) (Mar. 3,1911, ch.
231, J 24, par. 15, 36 Stat. 1092).
Words "civil action" were substituted for "suits," inview of
Rule 2 of the Federal Rules of Civil Procedure.
Words "United States Senator" were added, as noreason appears
for including Representatives and ex-cluding Senators. Moreover,
the Seventeenth amend-ment, providing for the popular election of
Senators,was adopted after the passage of the 1911 law onwhich this
section is based.
Changes were made in phraseology.
CRoss REFERENCES
Amount in controversy immaterial in action underthis section,
see Historical and Revision Notes undersection 1331 of this
title.
Diversity of citizenship immaterial in action underthis section,
see Historical and Revision Notes undersection 1332 of this
title.
Jurisdiction of action for damages for injuries invoting, see
section 1357 of this title.
§ 1345. United States as plaintiff
Except as otherwise provided by Act of Con-gress, the district
courts shall have original ju-risdiction of all civil actions,
suits or proceed-ings commenced by the United States, or byany
agency or officer thereof expressly author-ized to sue by Act of
Congress.
(June 25, 1948, ch. 646, 62 Stat. 933.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., 1 41(1) (Mar. 3,1911, ch.
231, § 24, par. 1, 36 Stat. 1091: May 14, 1934,ch. 283, §1, 48
Stat. 775; Aug. 21, 1937, ch. 726, §1, 50Stat. 738; Apr. 20, 1940,
ch. 117, 54 Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C.,1940 ed.,
are incorporated in sections 1331, 1332, 1341,1342, 1354, and 1359
of this title.
Words "civil actions, suits or proceedings" were sub-stituted
for "suits of a civil nature, at common law orin equity" in view of
Rules 2 and 81(a)(7) of the Feder-al Rules of Civil Procedure.
Word "agency" was inserted in order that this sec-tion shall
apply to actions by agencies of the Govern-ment and to conform with
special acts authorizingsuch actions. (See definitive section 451
of this title.)
The phrase "Except as otherwise provided by Act ofCongress," at
the beginning of the section was insert-ed to make clear that
jurisdiction exists generally in
Page 235 § 1345
-
TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE
district courts in the absence of special provisions con-ferring
it elsewhere.
Changes were made in phraseology.
CRoss Ri zi' CEsAmount in controversy immaterial in action
under
this section, see Historical and Revision Notes undersection
1331 of this title.
Diversity of citizenship immaterial in action underthis section,
see Historical and Revision Notes undersection 1332 of this
title.
Jurisdiction of-Action against national banking association,
see
section 1348 of this title.Action for enforcement of fines,
penalties, or for-
feitures, see section 1355 of this title.Bonds executed under
federal law, see section 1352
of this title.District courts in postal matters, see section
1339
of this title.Third party tort liability for hospital and
medical
care, see section 2651 et seq. of Title 42, The PublicHealth and
Welfare.
United States as party-Generally, see section 2401 et seq. of
this title.Interstate Commerce Commission orders, see sec-
tion 2322 of this title.
SECTION RErER TO IN OTHER SECTIONS
This section is referred to in title 12 section 1452.
§ 1346. United States as defendant
(a) The district courts shall have original Ju-risdiction,
concurrent with the United StatesClaims Court, of:
(1) Any civil action against the UnitedStates for the recovery
of any internal-reve-nue tax alleged to have been erroneously
orillegally assessed or collected, or any penaltyclaimed to have
been collected without au-thority or any sum alleged to have been
ex-cessive or in any manner wrongfully collectedunder the
internal-revenue laws;
(2) Any other civil action or cli.in againstthe United States,
not exceeding $10,000 inamount, founded either upon the
Constitu-tion, or any Act of Congress, or any regula-tion of an
executive department, or upon anyexpress or implied contract with
the UnitedStates, or for liquidated or unliquidated dam-ages in
cases not sounding in tort, except thatthe district courts shall
not have jurisdictionof any civil action or claim against the
UnitedStates founded upon any express or impliedcontract with the
United States or for liqui-dated or unliquidated damages in cases
notsounding in tort which are subject to sections8(g)(1) and
10(a)(1) of the Contract DisputesAct of 1978. For the purpose of
this para-graph, an express or implied contract withthe Army and
Air Force Exchange Service,Navy Exchanges, Marine Corps
Exchanges,Coast Guard Exchanges, or Exchange Coun-cils of the
National Aeronautics and SpaceAdministration shall be considered an
expressor implied contract with the United States.
(b) Subject to the provisions of chapter 171 ofthis title, the
district courts, together with theUnited States District Court for
the District ofthe Canal Zone and the District Court of theVirgin
Islands, shall have exclusive Jurisdictionof civil actions on
claims against the UnitedStates, for money damages, accruing on
and
after January 1, 1945, for injury or loss of prop-erty, or
personal injury or death caused by thenegligent or wrongful act or
omission of anyemployee of the Government while actingwithin the
scope of his office or employment,under circumstances where the
United States,if a private person, would be liable to the claim-ant
in accordance with the law of the placewhere the act or omission
occurred.
(c) The Jurisdiction conferred by this sectionincludes
jurisdiction of any set-off, counter-claim, or other claim or
demand whatever onthe part of the United States against any
plain-tiff commencing an action under this section.
(d) The district courts shall not have Jurisdic-tion under this
section of any civil action orclaim for a pension.
(e) The district courts shall have original Ju-risdiction of any
civil action against the UnitedStates provided in section 6226,
6228(a), 7426,or 7428 (in the case of the United States
districtcourt for the District of Columbia) or section7429 of the
Internal Revenue Code of 1954.
(f) The district courts shall have exclusiveoriginal
Jurisdiction of civil actions under sec-tion 2409a to quiet title
to an estate or interestin real property in which an interest is
claimedby the United States.(June 25, 1948, ch. 646, 62 Stat. 933;
Apr. 25,1949, ch. 92, § 2(a), 63 Stat. 62; May 24, 1949, ch.139, §
80(a), (b), 63 Stat. 101; Oct. 31, 1951, ch.655, § 50(b), 65 Stat.
727; July 30, 1954, ch. 648,§ 1, 68 Stat. 589; July 7, 1958, Pub,
L. 85-508,§ 12(e), 72 Stat. 348; Aug. 30, 1964, Pub. L.88-519, 78
Stat. 699; Nov. 2, 1966, Pub. L.89-719, title II, § 202(a), 80
Stat. 1148; July 23,1970, Pub. L. 91-350, § 1(a), 84 Stat. 449;
Oct. 25,1972, Pub. L. 92-562, § 1, 86 Stat. 1176; Oct. 4,1976, Pub.
L. 94-455, title XII, § 1204(c)(1), titleXIII, § 1306(b)(7), 90
Stat. 1697, 1719; Nov. 1,1978, Pub. L. 95-563, § 14(a), 92 Stat.
2389; Apr.2, 1982, Pub. L. 97-164, title I, § 129, 96 Stat.
39;Sept. 3, 1982, Pub. L. 97-248, title IV,§ 402(c)(17), 96 Stat.
669.)
HISTORICAL AND REvISION NOTES
1948 ACTBased on title 28, U.S.C., 1940 ed., If 41(20),
931(a),
932 (Mar. 3, 1911, ch. 231, 1 24, par. 20, 36 Stat. 1093;Nov.
23, 1921, ch. 136, 1 1310(c), 42 Stat. 311; June 2,1924, ch. 234, 1
1025(c), 43 Stat. 348; Feb. 24, 1925, ch.309, 43 Stat. 972; Feb.
26, 1926, ch. 27, § 1122(c), 1200,44 Stat. 121, 125; Aug. 2, 1946,
ch. 753, 1I 410(a), 411,60 Stat. 843).
Section consolidates provisions of section 41(20) con-ferring
Jurisdiction upon the district court, in civil ac-tions against the
United States, with the first sentenceof section 931(a) relating to
Jurisdiction of the districtcourts in tort claims cases, and those
provisions of sec-tion 932 making the provisions of said section
41(20),relating to counterclaim and set-off, applicable to
tortclaims cases, all of title 28, U.S.C., 1940 ed.
Provision in section 931(a) of title 28, U.S.C., 1940ed., for
trials without a jury, is incorporated in section2402 of this
revised title. For other provisions thereof,see Distribution
Table.
Words "commencing an action under this section" insubsec. (c) of
this revised section cover the provision insection 932 of title 28,
U.S.C., 1940 ed., requiring thatthe same provisions "for
counterclaim and set-off"shall apply to tort claims cases brought
in the districtcourts.
111346 Page 236
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TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE
The phrase in seftion 931(a) of title 28, U.S.C., 1940ed.,
"accruing on and after January 1, 1945" was omit-ted because
executed as of the date of the enactmentof this revised title.
Provisions in section 41(20) of title 28, U.S.C., 1940ed.,
relating to time for commencing action againstUnited States and
jury trial constitute sections 2401and 2402 of this title. (See
reviser's notes under saidsections.)
Words in section 41(20) of title 28. U.S.C., 1940 ed.,"commenced
after passage of the Revenue Act of1921" were not included in
revised subsection (a)(1) be-cause obsolete and superfluous,
Actions under this sec-tion involving erroneous or illegal
assessments by thecollector of taxes would be barred unless filed
withinthe 5-year limitation period of section 1113(a) of theRevenue
Act of 1926, 44 Stat. 9, 116. (See UnitedStates v. A. S. Kreider
Co., 1941, 61 S.Ct. 1007, 313 U.S.443, 85 L.Ed. 1447.)
Words in section 41(20) of title 28, U.S.C., 1940 ed.,"if the
collector of internal revenue is dead or is not inoffice at the
time such action or proceeding is com-menced" were omitted.
The revised section retains the language of section41(20) of
title 28, U.S.C., 1940 ed., with respect to ac-tions against the
United States if the collector is deador not in office when action
is commenced, and conse-quently maintains the long existing
distinctions inpractice between actions against the United States
andactions against the collector who made the assessmentor
collection. In the latter class of actions either partymay demand a
jury trial while jury trial is denied inactions against the United
States. See section 2402 ofthis title. In reality all such actions
are against theUnited States and not against local collectors.
(SeeLowe v. United States, 1938, 58 S.Ct. 896, 304 U.S. 302,82
L.Ed. 1362; Manseau v. United States, D.C.Mich.1943, 52 F.Supp.
395, and Combined Metals ReductionCo. v. United States, D.C.Utah
1943, 53 F.Supp. 739.)
The revised subsection (c)(1) omitted clause: "but nosuit
pending on the 27th day of June 1898 shall abateor be affected by
this provision," contained in section41(20) of title 28, U.S.C.,
1940 ed., as obsolete and su-perfluous. The words contained in
section 41(20) oftitle 28, U.S.C., 1940 ed., "claims growing out of
theCivil War, and commonly known as 'war-claims,' or tohear and
determine other claims which had been re-ported adversely prior to
the 3d day of March 1887 byany court, department, or commission
authorized tohave and determine the same," were omitted for thesame
reason.
The words "in a civil action or in admiralty," in sub-section
(a)(2), were substituted for "either in a courtof law, equity, or
admiralty" to conform to Rule 2 ofthe Federal Rules of Civil
Procedure.
Words in section 41(20) "in respect to which claimsthe party
would be entitled to redress against theUnited States, either in a
court of law, equity, or admi-ralty, if the United States were
suable" were omittedfrom subsection (a)(2) of this revised section
as unnec-essary. See reviser's note under section 1491 of
thistitle.
For jurisdiction of The Tax Court to review claimsfor refunds of
processing taxes collected under the un-constitutional Agriculture
Adjustment Act, see sec-tions 644-659 of title 7, U.S.C., 1940 ed.,
Agriculture,and the 1942 Revenue Act, Act Oct. 21, 1942, ch.
610,title V. § 510(a), (c), (d), 56 Stat. 667. (See, also, Lam-born
v. United States, C.C.P.A. 1939, 104 F.2d 75, cer-tiorari denied 60
S.Ct. 115, 308 U.S. 589, 84 L.Ed. 493.)
See, also, reviser's note under section 1491 of thistitle as to
jurisdiction of the Court of Claims in suitsagainst the United
States generally. For venue of ac-tions under this section, see
section 1402 of this titleand reviser's note thereunder.
Minor changes were made in phraseology.
SENATE REVIsIoN AMENDMENTThe provision of title 28, U.S.C.. §
932, which related
to application of the Federal Rules of Civil Procedure,
were originally set out in section 2676 of this revisedtitle,
but such section 2676 was eliminated by Senateamendment. See 80th
Congress Senate Report No.1559, amendment No. 61.
1949 ACT
This section corrects typographical errors in section1346(a)(1)
of title 28. U.S.C., and in section 1346(b) ofsuch title.
REFERENCES xN TEXT
The Internal-revenue laws, referred to in subsec.(a)(1), are
classified generally to Title 26, InternalRevenue Code.
Sections 8(g)(1) and 10(a)(1) of the Contract Dis-putes Act of
1978, referred to in subsec. (a)(2), are clas-sified to sections
607(g)(1) and 609(a)(1) of Title 41,Public Contracts.
Sections 6226, 6228(a), 7426, 7428, and 7429 of theInternal
Revenue Code of 1954, referred to in subsec.(e), are classified to
sections 6226, 6228(a), 7426, 7428,and 7429, respectively, of Title
26, Internal RevenueCode.
AMENDMENTS
1982-Subsec. (a). Pub. L. 97-164 substituted "UnitedStates
Claims Court" for "Court of Claims".
Subsec. (e). Pub. L. 97-248 substituted "section 6226,6228(a),
7426, or" for "section 7426 or section".
1978-Subsec. (a)(2). Pub. L. 95-563 excluded fromthe
jurisdiction of district courts civil actions or claimsagainst the
United States founded upon any expressor implied contract with the
United States or for dam-ages in cases not sounding in tort subject
to sections8(g)(1) and 10(a)(1) of the Contract Disputes Act
of1978.
1976--Subsee. (e). Pub. L. 94-455 inserted "or section7429" and
"or section 7428 (in the case of the UnitedStates district court
for the District of Columbia)", im-mediately after "section
7426".
1972-Subsec. (f). Pub. L. 92-562 added subsec. (f).1970-Subsec.
(a)(2), Pub. L. 91-350 specified that
the term "express or implied contracts with theUnited States"
includes express or implied contractswith the Army and Air Force
Exchange Service, NavyExchanges, Marine Corps Exchanges, Coast
GuardExchanges, or Exchange Councils of the NationalAeronautics and
Space Administration.
1966-Subsec, (e). Pub. L. 89-719 added subsec. (e).1964-Subsec.
(d). Pub. L. 88-519 eliminated provi-
sions which prohibited district courts from
exercisingjurisdiction of civil actions or claims to recover
fees,salary, or compensation for official services of officersor
employees of the United States.
1958-Subsec. (b). Pub. L. 85-508 eliminated the Dis-trict Court
for the Territory of Alaska. See section81A of this title which
establishes a United States Dis-trict Court for the State of
Alaska.
1954-Subsec. (a)(1). Act July 30, 1954, deleted thelanguage
imposing the jurisdictional limitation of$10,000 on suits to
recover taxes.
1951-Subsec. (d). Act Oct. 31, 1951, inserted refer-ences to
"claim" and "employees".
1949-Subsec. (a)(1). Act May 24, 1949, 1 80(a) insert-ed ", (I)
if the claim does not exceed $10,000 or (ii)".
Subsec. (b). Acts Apr. 25. 1949, and May 24, 1949,§ 80(b), made
a technical change to correct "chapter173" to read "chapter 171",
and inserted "on and afterJanuary 1, 1945" following "for money
damages",
EFFECTIVE DATE or 1982 AMENDMENTS
Amendment by Pub. L. 97-248 applicable to partner-ship taxable
years beginning after Sept. 3, 1982, withprovision for the
applicability of the amendment toany partnership taxable year
ending after Sept. 3,1982, if the partnership, each partner, and
each indi-rect partner requests such application and the Secre-tary
of the Treasury or his delegate consents to such
Page 237/ § 1346
-
TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE
application, see section 407(a)(1) and (3) of Pub. L.97-248, set
out as an Effective Date note under section6221 of Title 26,
Internal Revenue Code.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982,see section
402 of Pub. L. 97-164, set out as a noteunder section 171 of this
title.
Erc cTxvE DATE OF 1978 AM wurmwrAmendment by Pub. L. 95-563
effective with respect
to contracts entered into 120 days after Nov. 1, 1978and, at the
election of the contractor, with respect toany claim pending at
such time before the contractingofficer or initiated thereafter,
see section 16 of Pub. L.95-563, set out as an Effective Date note
under section601 of Title 41, Public Contracts.
EFFECTIVE DATE OF 1970 AMENDMENTSection 2 of Pub. L. 91-350
provided that:"(a) In addition to granting jurisdiction over
suits
brought after the date of enactment of this Act [July23. 19701,
the provisions of this Act [amending thissection and section 1491
of this title and section 724aof former Title 31, Money and
Finance] shall alsoapply to claims and civil actions dismissed
before orpending on the date of enactment of this Act if theclaim
or civil action is based upon a transaction, omis.sion, or breach
that occurred not more than six yearsprior to the date of enactment
of this Act [July 23,1970].
"(b) The provisions of subsection (a) of this sectionshall apply
notwithstanding a determination or judg-ment made prior to the date
of enactment of this Actthat the United States district courts or
the UnitedStates Court of Claims did not have Jurisdiction to
en-tertain a suit on an express or implied contract with
anonappropriated fund instrumentality of the UnitedStates described
in section 1 of this Act."
EFCTIVE DATE OF 1966 AMENDMENTSection 203 of title II of Pub. L.
89-719 provided
that: "The amendments made by this title [amendingsections 1346,
1402, and 2410 of this title] shall applyafter the date of the
enactment of this Act [Nov. 2,1966]."
EFcTIV DATE OF 1958 AMENDMENTAmendment by Pub. L. 85-508
effective Jan. 3, 1959,
upon admission of Alaska into the Union pursuant toProc. No.
3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, asrequired by
sections 1 and 8(c) of Pub. L. 85-508, seenotes set out under
section 81A of this title and pre-ceding section 21 of Title 48,
Territories and InsularPossessions.
SAVINGS CLAUSE FOR ACT OCT. 31, 1951Act June 4, 195, ch. 363, 70
Stat. 246, which con-
ferred Jurisdiction on district courts of certain actionsto
recover pay of employees who had been dismissed,was repealed by
Pub. L. 89-554, 1 8(a), Sept. 6, 1966, 80Stat. 658.
FEDERAL RULES OF CIVIL PROCEDURE
Costs where United States is party, see rule 54, Ap-pendix to
this title.
CROSS REFERENCESClaims Court Jurisdiction, see section 1491 et
seq. of
this title.Costs where United States is party, see section
2412
of this title.Interest on judgments against United States, see
sec.
tion 2411 of this title.Jury trial denied in actions under this
section, see
section 2402 of this title.Nuclear incident involving nuclear
reactor of United
States warship, payment of claims or Judgments forbodily injury,
death, or damage resulting from, seesection 2211 of Title 42, The
Public Health and Wel-fare.
Remedy under this section for damages caused byoperation of
motor vehicles by Government employeesto be exclusive of any other
civil action or proceeding,see section 2679 of this title.
Tax Court Jurisdiction, see section 7441 et seq. ofTitle 26,
Internal Revenue Code,
Time for commencing action against United States,see section
2401 of this title.
Tort claims procedure, see section 2671 et seq. of
thistitle.
Venue of actions against United States, see section1402 of this
title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1295, 1402,2402, 2409a,
2671. 2676, 2677, 2678. 2679, 2680 of thistitle; title 2 section
190g; title 5 sections 3373, 3374;title 10 section 1089; title 22
sections 2702, 3761; title25 section 640d-17; title 26 section
7422; title 29 section938; title 38 sections 351, 4116; title 41
sections 113,602; title 42 sections 233, 405, 2221, 2223, 2458a,
4654,5055, 8768, 8771; title 46 section 1242; title 47 s