1976-Subsec. (a)(2). Pub. L. 94-583 substituted "and citizens or subjects of a foreign state;" for ", and foreign states or citizens or subjects thereof; and". Subsec. (a)(3). Pub. L. 94-583 substituted "citizens or subjects of a foreign state are additional parties; and" for "foreign states or citizens or subjects thereof are additional 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 action to which the insurer is not joined as a party-defendant, a citizen, of the State of which the insured is a citizen, as well as the State the insurer has been incorporated by and the State where it has its principal place of business. 1958-Pub. L. 85-554 included costs in the catchline. Subsec. (a). Pub. L. 85-554 substituted "$10,000" for "$3,000". Subsec. (b). Pub. L. 85-554 added subsec. (b) and redesignated 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. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-583 effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94-583, set out as an Effective Date note under section 1602 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Section 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 action arising 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 the case of actions commenced after July 25, 1958, see section 3 of Pub. L. 85-554, set out as a note under section 1331 of this title. FEDERAL RULES OF CIVIL PROCEDURE Defenses and objections, see rule 12, Appendix to this title. CROSS REFERENCES Controversies involving pollution of waters, jurisdiction of actions by States, see section 466g-1 of Title 33, Navigation and Navigable Waters. Removal of cases from State courts, see section 1441 et 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 of this title. § 1333. Admiralty, maritime and prize cases The district courts shall have original jurisdiction, exclusive of the courts of the States, of: (1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. (2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize. (June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, § 79, 63 Stat. 101.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(3) and 371 (3), (4) (Mar. 3, 1911, ch. 231, §§ 24, par. 3, 256, pars. 3, 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, §§ 1, 2, 40 Stat. 395; June 10, 1922, ch. 216, §§ 1, 2, 42 Stat. 634). Section consolidates certain provisions of sections 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3) and 371(4), relating to seizures, are incorporated in section 1356 of this title. (See reviser's note thereunder.) The "saving to suitors" clause in sections 41(3) and 371(3) of title 28, U.S.C., 1940 ed., was changed by substituting the words "any other remedy to which he is otherwise entitled" for the words "the right of a common law remedy where the common law is competent to give it." The substituted language is simpler and more expressive of the original intent of Congress and is in conformity with Rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law and equity. Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmen's compensation laws, were deleted. Such amendments were held unconstitutional by the Supreme Court. (See Knickerbocker 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, 68 L.Ed. 646.) Words "libellant or petitioner" were substituted for "suitors" to describe moving party in admiralty cases. Changes were made in phraseology. 1949 ACT This section amends section 1333(a)(1) of title 28, U.S.C., by substituting “suitors" for "libellant or petitioner" to conform to the language of the law in existence at the time of the enactment of the revision of title 28. AMENDMENTS 1949-Subd. (1). Act May 24, 1949, substituted “suitors" for "libellant or petitioner". CROSS REFERENCES Admiralty and maritime jurisdiction of cases of damage or injury to persons or property, caused by a vessel, whether done or consummated on land, see section 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 this title. Limitation of vessel owner's liability, see section 181 et seq. of Title 46, Shipping. Prize Generally, see section 7651 et seq. of Title 10, Jurisdiction, see section 7652 of Title 10. § 1334. Bankruptcy matters and proceedings The district courts shall have original jurisdiction, exclusive of the courts of the States, of all 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 section is amended to read as follows: § 1334. Bankruptcy appeals (a) The district courts for districts for which panels have not been ordered appointed under section 160 of this title shall have jurisdiction of appeals from all final judgments, orders, and decrees of bankruptcy courts. (b) The district courts for such districts shall have jurisdiction of appeals from interlocutory orders and decrees of bankruptcy courts, but only by leave of the district court to which the appeal is taken. (c) A district court may not refer an appeal under that section to a magistrate or to a special master. For bankruptcy jurisdiction and procedure during transition period, see notes preceding section 1471 of this title. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(19) and 371(6) (Mar. 3, 1911, ch. 231, §§ 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160). Changes in phraseology were made. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1408 of this title. § 1335. Interpleader (a) The district courts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $500 or more, if (1) Two or more adverse claimants, of diverse citizenship as defined in section 1332 of this title, are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited such money or property or has paid the amount of or the loan or other value of such instrument or the amount due under such obligation into the registry of the court, there to abide the judgment of the court, or has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy. (b) Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent 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, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 Stat. 1096). Words "civil action" were substituted for "suits in equity"; word "plaintiff" was substituted for "complainant"; and word "judgement" was substituted for "decree," in order to make the language of this section conform with the Federal Rules of Civil Procedure. The words "duly verified" following "in the nature of interpleader," near the beginning of the section, were omitted. Under Rule 11 of the Federal Rules of Civil Procedure pleadings are no longer required to be verified or accompanied by affidavit unless specially required by statute. Although verification was specially required by section 41(26) of title 28, U.S.C., 1940 ed., 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 1397 of this title. (See, also, reviser's note under said section.) Subsections (c) and (d) of said section 41(26) relating to issuance of injunctions constitute section 2361 of this title. (See reviser's note under said section.) Subsection (e) of such section 41(26), relating to defense in nature of interpleader and joinder of additional parties, was omitted as unnecessary, such matters being governed by the Federal Rules of Civil Procedure. Changes were made in phraseology. FEDERAL RULES OF CIVIL PROCEDURE Interpleader, injunctions and deposit in court, see rules 22, 65 and 67, Appendix to this title. Form of complaint, see Form 18, Appendix to rules. CROSS REFERENCES Actions on war risk insurance claims, see section 1292 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 SECTIONS This section is referred to in sections 1397, 2361 of this title. § 1336. Interstate Commerce Commission's orders (a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Interstate Commerce Commission, and to enjoin or suspend, in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeit ures. (b) When a district court or the United States Claims Court refers a question or issue to the Interstate Commerce Commission for determi nation, the court which referred the questior. or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Interstate Commerce Commission arising out of such referral. (c) Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Interstate Commerce 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 NOTES Based on title 28, U.S.C., 1940 ed., § 41(27), (28) (Mar. 3, 1911, ch. 231, §§ 24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22, 1913, ch. 32, 38 Stat. 219). Words "Except as otherwise provided by enactment of Congress" were inserted because of certain similar cases of which the courts of appeals are given jurisdiction. (See, for example, section 21 of title 15, U.S.C., 1040 ed., Commerce and Trade.) Words "any civil action" were substituted for "all fases" and "cases" in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. AMENDMENTS 1983 Subsec. (b). Pub. L. 97-164 substituted "United sitatea Claims Court" for "Court of Claims". 107h Bubsec, (a). Pub. L. 93-584 substituted provialons that the district courts shall have jurisdiction of elvil actions to enforce, in whole or in part, orders of the Interstate Commerce Commission, and to enjoin i anapend, in whole or in part, any order of the Interatate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeiturse, for provisions that the district courts shall have Juleletion of civil actions to enforce, enjoin, set nable, annul or suspend, in whole or in part, any order of the Interstate Commerce Commission. 1004 Pub. L. an 813 designated existing provisions na subare (a), and added subseca, (b) and (c). Bepretive DatE OF 1982 AMENDment Amendment by Pub. L. 97 184 effective Oct. 1, 1982, see section 402 of Pub. L. 97 184, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-584 not applicable to actions commenced on or before the last day of the first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of the Interstate Commerce Commission which are pending when this amendment becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93-584, set out as a note under section 2321 of this title. CROSS REFERENCES Procedure for enforcement and review of Interstate Commerce Commission orders, see section 2321 et seq. of this title. Venue of actions involving Interstate Commerce Commission's order, see section 1398 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1398 of this title; title 49 section 11901. § 1337. Commerce and antitrust regulations; amount in controversy, costs (a) The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies: Provided, however, That the district courts shall have original jurisdiction of an action brought under section 11707 of title 49, only if the matter in controversy for each receipt or bill of lading exceeds $10,000, exclusive of interest and costs. (b) Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 11707 of title 49, originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of any interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. (c) The district courts shall not have jurisdiction under this section of any matter within the exclusive jurisdiction of the Court of International 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), 96 Stat. 2442.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 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", in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. AMENDMENTS 1983-Pub. L. 97-449 substituted "section 11707 of title 49" for "section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319)" wherever appearing. 1980-Subsec. (c). Pub. L. 96-417 added subsec. (c). 1978-Subsec. (a). Pub. L. 95-486 designated existing provisions as subsec. (a) and, as so designated, added proviso giving the district courts original jurisdiction of actions brought under sections 20(11) and 219 of the Interstate Commerce Act when the amounts in controversy for each receipt exceed $10,000, exclusive of interests and costs. Subsec. (b). Pub. L. 95-486 added subsec. (b). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as a note under section 251 of this title. SECTION REFERRED 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 jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trade-marks. Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases. (b) The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trade-mark laws. (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., §§ 41(7) and 371(5) (Mar. 3, 1911, ch. 231, §§ 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 changes in phraseology. Words "of any civil action" were substituted for "all suits at law or in equity” and “cases" to conform section 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 district courts, including those of territories and possessions. (See section 34 of title 17, U.S.C., 1940 ed., Copyrights.) Subsection (b) is added and is intended to avoid "piecemeal" litigation to enforce common-law and statutory copyright, patent, and trade-mark rights by specifically permitting such enforcement in a single civil action in the district court. While this is the rule under Federal decisions, this section would enact it as statutory authority. The problem is discussed at length in Hurn v. Oursler (1933, 53 S.Ct. 586, 289 U.S. 238, 77 L.Ed. 1148) and in Musher Foundation v. Alba Trading Co. (C.C.A. 1942, 127 F.2d 9) (majority and dissenting opinions). AMENDMENTS 1970-Pub. L. 91-577 inserted references to "plant variety 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, Agriculture. CROSS REFERENCES Amount in controversy under this section, see Historical and Revision Notes under section 1331 of this title. Civil action to obtain patent or in case of interference, see sections 145 and 146 of Title 35, Patents. Claims Court, jurisdiction of claims against United States for patent infringement, see section 1498 of this title. Diversity of citizenship under this section, see Historical and Revision Notes under section 1332 of this title. Foreign Assistance Act of 1961, jurisdiction and legal remedy for unauthorized use or disclosure of patents and technical information, see section 2356 of Title 22, Foreign Relations and Intercourse. Infringements of Copyrights and rights and remedies therefor, see 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 infringement, see section 282 of Title 35, Patents. Venue Patent or copyright actions, see section 1400 of this title. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(5) (Mar. 3, 1911, ch. 231, § 24, par. 5, 36 Stat. 1092; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475). Words "Customs Court" were substituted for "Court of Customs and Patent Appeals." Section 41(5) of title 28, U.S.C., 1940 ed., is based on the Judicial Code of 1911. At that time the only court, other than the district courts, having jurisdiction of customs cases, was the Court of Customs Appeals which became the Court of Customs and Patent Appeals in 1929. The Customs Court was created in 1926 as a court of original jurisdiction over customs cases. (See reviser's note preceding section 251 of this title.) Words "any civil action" were substituted for "all cases" in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. AMENDMENTS 1980-Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as a note under section 251 of this title. CROSS REFERENCES Action by the United States Collection of unpaid estate tax, see section 7404 of Action to clear title to property upon which tax lien filed by United States, see section 7424 of Title 26. Amount in controversy immaterial in action under this section, see Historical and Revision Notes under section 1331 of this title. Court of International Trade jurisdiction, see section 1581 et seq. of this title. Customs officers' immunity from liability, see section 1513 of Title 19, Customs Duties. Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under section 1332 of this title. Jurisdiction of action for refund by taxpayer against United States, see section 1346 of this title. Prohibition of suits to restrain tax assessment or collection, see section 7421 of Title 26, Internal Revenue Code. Venue Action for collection of internal revenue taxes, see section 1396 of this title. Action for refund brought by taxpayer against collection officer, see section 1391 of this title. Action for refund brought by taxpayer against United States, see section 1402 of this title. Fines, penalties or forfeitures, generally, see section 1395 of this title. Judicial action to enforce forfeiture under internal revenue laws, see section 7323 of Title 26, Internal 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, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State. (June 25, 1948, ch. 646, 62 Stat. 932.) HISTORICAL and ReviSION NOTES Based on title 28, U.S.C., 1940 ed., § 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, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). This section restates the last sentence 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, 1342, 1345, 1354, and 1359 of this title. Words "at law or in equity" before “in the courts of such State" were omitted as unnecessary. Words "civil action" were substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure. Words "under State law" were substituted for "imposed by or pursuant to the laws of any State" for the same 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, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision, where: (1) Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and, (2) The order does not interfere with interstate commerce; and, (3) The order has been made after reasonable notice and hearing; and, (4) A plain, speedy and efficient remedy may be had in the courts of such State. (June 25, 1948, ch. 646, 62 Stat. 932.) HISTORICAL and Revision NOTES Based on title 28, U.S.C., 1940 ed., § 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, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). This section rearranges and restates the fourth sentence 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 1359 of this title. Words "at law or in equity" before "in the courts of such State" were omitted as unnecessary. Words "civil action" were substituted for "suit," in view 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 and elective franchise (a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42; (2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title |