United States Code

section 3731 of revised title 18 (Criminal Code, H. R. 1600, 80th Cong.), will remove doubt and uncertainty. (See reviser's note under section 1253 of this title. See also, U. S. v. Belt, 1943, 63 S. Ct. 1278, 319 U. S. 521, 87 L. Ed. 1559, holding that act April 27, 1912, ch. 96, § 5, 37 Stat. 94, authorizing such direct appeal from final decree of court in the District of Columbia in a suit by the United States to establish title to land, was repealed by said section 345 because it permitted direct appeal in only the five categories specified therein.)

Proceedings in Supreme Court to review decisions of the district court for, and the Supreme Court of, Puerto Rico, to be conducted in the English language (see section 866 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions.)

AMENDMENTS

1959-Pub. L. 86-3 eliminated a reference to courts of record of Hawaii. See section 91 of this title and notes thereunder.

1958-Pub. L. 85-508 eliminated references to the District Court for the Territory of Alaska and to courts of record of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.

1951-Act Oct. 31, 1951, inserted a reference to the District Court of Guam in first par.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 14 of Pub. L. 86-3 provided in part that the amendments of this section and sections 91, 373, 1293, and 1294 of this title, sections 3771 and 3772 of Title 18, Crimes and Criminal Procedure, and section 644a of Title 48, Territories and Insular Possessions, the repeal of sections 536, 539, 634, 634a and 645 of Title 48, and notes set out under sections 371 and 373 of this title, shall be effective upon the admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959 upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

CROSS REFERENCES

"Court of the United States," definition, see section 451 of this title.

Criminal cases, direct appeals to Supreme Court, see section 3731 of Title 18, Crimes and Criminal Procedure. Quorum of Supreme Court justices absent, see section 2109 of this title.

Time for appeal or certiorari, see section 2101 of this title.

Vesting and liquidation of Bulgarian, Hungarian, and Rumanian property, final orders or decrees of district courts of the United States reviewable as provided in this section, see section 1631e of Title 22, Foreign Relations and Intercourse.

Writs, see section 1651 of this title.

RULES OF THE SUPREME COURT

Procedure on appeal, see Appendix to this title.
Supersedeas on appeal, see rule 18.

Stay of proceedings to enforce judgment, see rule 62.

FEDERAL RULES OF CIVIL PROCEDURE

Direct appeals to Supreme Court, how taken, see rule 72, Appendix to this title.

§ 1253. Direct appeals from decisions of three-judge courts.

Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil

action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges. (June 25, 1948, ch. 646, 62 Stat. 928.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 47, 47a, 380 and 380a (Mar. 3, 1911, ch. 231, §§ 210, 266, 36 Stat. 1150, 1162; Mar. 4, 1913, ch. 160, 37 Stat. 1013; Oct. 22, 1913, ch. 32, 38 Stat. 220; Feb. 13, 1925, ch. 229, § 1, 43 Stat. 938; Aug. 24, 1937, ch. 754, § 3, 50 Stat. 752). This section consolidates the provisions of sections 47, 47a, 380, and 380a of title 28, U. S. C., 1940 ed., relating to direct appeals from decisions of three-judge courts involving orders of the Interstate Commerce Commission or holding State or Federal laws repugnant to the Constitution of the United States.

For distribution of other provisions of the sections on which this revised section is based, see Distribution Table. The language in section 380 of title 28, U. S. C., 1940 ed., referring to restraining the enforcement or execution of an order made by an administrative board or a State officer was omitted as covered by this revised section and section 2281 of this title.

Words in section 380a of title 28, U. S. C., 1940 ed., "This section shall not be construed to be in derogation of any right of direct appeal to the Supreme Court of the United States under existing provisions of law," were omitted

as unnecessary.

Section 217 of title 7, U. S. C., 1940 ed., Agriculture, provides for a three-judge court in proceedings to suspend or restrain the enforcement of orders of the Secretary of Agriculture under the Packers and Stockyards Act of 1921.

The final proviso of section 502 of title 33, U. S. C., 1940 ed., Navigation and Navigable Waters, for direct appeal in certain criminal cases for failure to alter bridges obstructing navigation, is recommended for express repeal in view of its implied repeal by section 345 of title 28, U. S. C., 1940 ed. (See U. S. v. Belt, 1943, 63 S. Ct. 1278, 319 U. S. 521, 87 L. Ed. 1559. See reviser's note under section 1252 of this title.)

Section 28 of title 15, U. S. C., 1940 ed., Commerce and Trade, and section 44 of title 49, U. S. C., 1940 ed., Transportation, are identical and provide for convening of a three-judge court to hear and determine civil cases arising under the Sherman anti-trust law and the Interstate Commerce Act, respectively, wherein the United States is plaintiff and when the Attorney General deems such cases of general public importance.

Section 401 (d) of title 47, U. S. C., 1940 ed., Telegraphs, Telephones, and Radiotelegraphs, made the provisions of sections 28 and 29 of title 15, U. S. C., 1940 ed., Commerce and Trade, sections 44 and 45 of title 49, U. S. C., 1940 ed., Transportation, and section 345 (1) of title 28, U. S. C., 1940 ed., relating to three-judge courts and direct appeals, applicable to orders of the Federal Communications Commission enforcing the Communications Act of 1934.

CROSS REFERENCES

Direct appeals from three-judge courts

Anti-Trust Laws, see section 29 of Title 15, Commerce and Trade.

Communications Act of 1934, see section 402 (d) of Title 47, Telegraphs, Telephones, and Radiographs. Interstate Commerce Act, see section 45 of Title 49, Transportation.

Packers and Stockyards Act, see section 217 of Title 7, Agriculture.

Quorum of Supreme Court justices absent, see section 2109 of this title.

Time for appeal or certiorari, see section 2101 of this title.

Writs, see section 1651 of this title.

RULES OF THE SUPREME COURT

Procedure on appeal, see Appendix to this title. Supersedeas on appeal, see rule 18.

Stay of proceedings to enforce judgment, see rule 72, Appendix to this title.

FEDERAL RULES OF CIVIL PROCEDURE Direct appeals to Supreme Court, how taken, see rule 72, Appendix to this title.

§ 1254. Courts of appeals; certiorari; appeal; certified questions.

Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:

(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;

(2) By appeal by a party relying on a State statute held by a court of appeals to be invalid as repugnant to the Constitution, treaties or laws of the United States, but such appeal shall preclude review by writ of certiorari at the instance of such appellant, and the review on appeal shall be restricted to the Federal questions presented;

(3) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

(June 25, 1948, ch. 646, 62 Stat. 928.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 346 and 347 (Mar. 3, 1911, ch. 231, §§ 239, 240, 36 Stat. 1157; Feb. 13, 1925, ch. 229, § 1, 43 Stat. 938; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; June 7, 1934, ch. 426, 48 Stat. 926). Section consolidates sections 346 and 347 of title 28, U. S. C., 1940 ed.

Words "or in the United States Court of Appeals for the District of Columbia" and "or of the United States Court of Appeals for the District of Columbia" in sections 346 and 347 of title 28, U. S. C., 1940 ed., were omitted. (See section 41 of this title.)

The prefatory words of this section preceding paragraph (1) were substituted for subsection (c) of said section 347.

The revised section omits the words of section 347 of title 28, U. 8. C., 1940 ed., "and with like effect as if the case had been brought there with unrestricted appeal", and the words of section 346 of such title "in the same manner as if it had been brought there by appeal". The effect of subsections (1) and (3) of the revised section is to preserve existing law and retain the power of unrestricted review of cases certified or brought up on certiorari. Only in subsection (2) is review restricted. Changes were made in phraseology and arrangement.

CROSS REFERENCES

Appeal from courts of appeals in bankruptcy cases, see section 47 of Title 11, Bankruptcy.

Detention of suspect security risks, review by Supreme Court upon certiorari or certification as provided in this section, see section 821 (d) of Title 50, War and National Defense.

Quorum of Supreme Court justices, see section 2109 of this title.

Review generally, see section 2101 et seq. of this title. Review of appeals of orders of Secretary of Health, Education, and Welfare respecting approval of construction projects for State mental retardation facilities and community mental health centers, see section 2694 of Title 42, The Public Health and Welfare.

Review of appeals of orders relating to use of pesticide chemicals and raw agricultural commodities, see section 346a (1) of Title 21, Food and Drugs.

Time for appeal or certiorari, see section 2101 of this title.

Writs, see section 1651 of this title.

RULES OF THE SUPREME Court

Procedure generally on appeal, writ of certiorari, or certification of questions, see Appendix to this title.

Supersedeas on appeal and stay pending review on certiorari, see rules 18 and 27.

FEDERAL RULES OF CIVIL PROCEDURE Power of appellate court to stay proceedings not limited by rule 62, see rule 62 (g), Appendix to this title. § 1255. Court of Claims; certiorari; certified questions. Cases in the Court of Claims may be reviewed by the Supreme Court by the following methods:

(1) By writ of certiorari granted on petition of the United States or the claimant;

(2) By certification of any question of law by the Court of Claims in any case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions on such question.

(June 25, 1948, ch. 646, 62 Stat. 928.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 288 (Feb. 13, 1925, ch. 229, § 3, 43 Stat. 939; May 22, 1939, ch. 140, 53 Stat. 752).

Words "including those begun under section 287 of this title" appearing in subsections (a) and (b) of section 288 of title 28, U. S. C., 1940 ed., were omitted as surplusage. The provision of subsection (a) of section 288 of title 28, U. S. C., 1940 ed., for review and determination of all errors assigned, "with the same power and authority and with like effect, as if the cause had been brought there by appeal," was omitted as unnecessary. Review under this section is unrestricted.

Provisions for authority to review, in addition to other questions of law, "errors assigned to lack of evidence to sustain a finding of facts; that an ultimate finding or findings are not sustained by findings of evidentiary or primary facts; or that there is a failure to make a finding of fact on a material issue," were omitted as unnecessary. Subsection (c) of section 288 of title 28, U. S. C., 1940 ed., was omitted as covered by the language at the beginning of the revised section.

Changes were made in phraseology and arrangement.
CROSS REFERENCES

Time for certiorari, see section 2101 of this title.
Writs, see section 1651 of this title.

RULES OF THE SUPREME Court Considerations governing review on certiorari of judgments of Court of Claims, see rule 19, Appendix to this title.

Questions certified by the Court of Claims, see rule 28. RULES OF THE COURT OF CLAIMS

Writs of certiorari, see rule 57, Appendix to this title. § 1256. Court of Customs and Patent Appeals; certiorari.

Cases in the Court of Customs and Patent Appeals may be reviewed by the Supreme Court by writ of certiorari. (June 25, 1948, ch. 646, 62 Stat. 928.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 308 (Mar. 3, 1911, ch. 231, § 195, 36 Stat. 1145; Aug. 22, 1914, ch. 267, 38 Stat. 703; Sept. 6, 1916, ch. 448, § 6, 39 Stat. 727; Feb. 13, 1925, ch. 229, § 8, 43 Stat. 940; May 28, 1926, ch. 411, § 1, 44 Stat. 669; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 17, 1930, ch. 497, title IV, § 647, 46 Stat. 762).

Provisions of section 308 of title 28, U. S. C., 1940 ed., relating to jurisdiction of the Court of Customs and Patent Appeals are the basis of section 1541 of this title. Words "duly made as required by section 350 of this title," were omitted as surplusage.

Provision for review and determination "with the same power and authority in the case as if it had been carried by appeal to the Supreme Court" was omitted as unnecessary. Review under this section is unrestricted. Changes were made in phraseology.

CROSS REFERENCES

Time for certiorari, see section 2101 of this title.
Writs, see section 1651 of this title.

RULES OF THE SUPREME COURT Considerations governing review on certiorari of judgments of Court of Customs and Patent Appeals, see rule 19, Appendix to this title.

§ 1257. State courts; appeal; certiorari.

Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court as follows:

(1) By appeal, where is drawn in question the validity of a treaty or statute of the United States and the decision is against its validity.

(2) By appeal, where is drawn in question the validity of a statute of any state on the ground of its being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of its validity.

(3) By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a State statute is drawn in question on the ground of its being repugnant to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity is specially set up or claimed under the Constitution, treaties statutes of, or commission held or authority exercised under, the United States. (June 25, 1948, ch. 646, 62 Stat. 929.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 344 (Mar. 3, 1911, ch. 231, §§ 236, 237, 36 Stat. 1156; Dec. 23, 1914, ch. 2, 38 Stat. 790; Sept. 6, 1916, ch. 448, § 2, 39 Stat. 726; Feb. 17, 1922, ch. 54, 42 Stat. 366; Feb. 13, 1925, ch. 229, § 1, 43 Stat. 937; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54).

Provisions of section 344 of title 28, U. S. C., 1940 ed., relating to procedure for review of decisions of State courts are incorporated in section 2103 of this title. Other provisions of such section 344 of title 28, U. S. C., 1940 ed., are incorporated in section 2106 of this title.

The revised section applies in both civil and criminal cases. In Twitchell v. Philadelphia, 1868, 7 Wall. 321, 19 L. Ed. 223, it was expressly held that the provisions of section 25 of the Judiciary Act of 1789, 1 Stat. 85, on which title 28, U. S. C., 1940 ed., § 344, is based, applied to criminal cases, and many other Supreme Court decisions impliedly involve the same holding inasmuch as the Court has taken jurisdiction of criminal cases on appeal from State courts. See, for example, Herndon v. Georgia, 1935, 55 S. Ct. 794, 295 U. S. 441, 79 L. Ed. 1530 and Ashcraft v. Tennessee, 1944, 64 S. Ct. 921, 322 U. S. 143, 88 L. Ed. 1192.

Provision, in section 344 (b) of title 28, U. S. C., 1940 ed., for review and determination on certiorari "with the same power and authority and with like effect as if brought up by appeal" was omitted as unnecessary. The scope of review under this section is unrestricted.

Words "and the power to review under this paragraph may be exercised as well where the Federal claim is sustained as where it is denied," in said section 344 (b), were omitted as surplusage.

The last sentence in said section 344 (b) relating to the right to relief under both subsections of said section 344, was omitted as unnecessary.

Changes were made in phraseology.

CROSS REFERENCES

Appeals from State courts

Improvidently taken regarded as writs of certiorari, see section 2103 of this title.

Priority of criminal cases, see section 2102 of this title.

Procedure and effect, see section 2104 of this title.

Determination on review, see section 2106 of this title. Quorum of Supreme Court justices absent, disposition of case, see section 2109 of this title.

Time for appeal or certiorari, see section 2101 of this title.

Writs, see section 1651 of this title.

RULES OF THE SUPREME Court Jurisdiction on appeal, see rules 10-18, Appendix to this title.

Jurisdiction on writ of certiorari, see rules 19-27. Jurisdictional statement, see rule 15.

Order granting or denying certiorari, see rule 25.

§ 1258. Supreme Court of Puerto Rico; appeal; certiorari.

Final judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the Supreme Court as follows: (1) By appeal, where is drawn in question the validity of a treaty or statute of the United States and the decision is against its validity.

(2) By appeal, where is drawn in question the validity of a statute of the Commonwealth of Puerto Rico on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of its validity.

(3) By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is speIcially set up or claimed under the Constitution, treaties, or statutes of, or commission held or authority exercised under, the United States. (Added Pub. L. 87-189, § 1, Aug. 30, 1961, 75 Stat. 417.)

Sec.

Chapter 83.-COURTS OF APPEALS

1291. Final decisions of district courts. 1292. Interlocutory decisions.

1294. Circuits in which decisions reviewable.

AMENDMENTS

1961-Pub. L. 87-189, § 4, Aug. 30, 1961, 75 Stat. 417, eliminated item 1293.

CROSS REFERENCES

Jurisdiction of courts and appeals in particular matters, see reviser's note for section 1291 of this title. Procedure and particular proceedings, generally, see parts V and VI of this title.

FEDERAL RULES OF CIVIL PROCEDURE Appeal to a court of appeals, see rule 73, Appendix to this title.

Joint or several appeals to a court of appeals; summons and severance abolished, see rule 74.

Record on appeal to a court of appeals, see rule 75. Agreed statement, see rule 76.

FEDERAL RULES OF CRIMINAL PROCEDURE Application of rules, see note by Advisory Committee under rule 54, Title 18, Appendix, Crimes and Criminal Procedure.

Bail upon review, see rule 46.

Stay of execution and relief pending review, see rule 38. Supervision of appeal, see rule 39.

Taking appeal; and petition for writ of certiorari, see rule 37.

§ 1291. Final decisions of district courts.

The courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District

Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. (June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, § 48, 65 Stat. 726; July 7, 1958, Pub. L. 85-508, § 12 (e), 72 Stat. 348.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 225 (a), 933 (a) (1), and section 1356 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions, and sections 61 and 62 of title 7 of the Canal Zone Code (Mar. 3, 1911, ch. 231, § 128, 36 Stat. 1133; Aug. 24, 1912, ch. 390, § 9, 37 Stat. 566; Jan. 28, 1915, ch. 22, § 2, 38 Stat. 804; Feb. 7, 1925, ch. 150, 43 Stat. 813; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006; Feb. 13, 1925, ch. 229, § 1, 43 Stat. 936; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Feb. 16, 1933, ch. 91, § 3, 47 Stat. 817; May 31, 1935, ch. 160, 49 Stat. 313; June 20, 1938, ch. 526, 52 Stat. 779; Aug. 2, 1946, ch. 753, § 412 (a) (1), 60 Stat. 844).

This section rephrases and simplifies paragraphs "First", "Second", and "Third" of section 225 (a) of title 28, U. S. C., 1940 ed., which referred to each Territory and Possession separately, and to sections 61 and 62 of the Canal Zone Code, section 933 (a) (1) of said title relating to jurisdiction of appeals in tort claims cases, and the provisions of section 1356 of title 48, U. S. C., 1940 ed., relating to jurisdiction of appeals from final judgments of the district court for the Canal Zone.

The district courts for the districts of Hawaii and Puerto Rico are embraced in the term "district courts of the United States." (See definitive section 451 of this title.)

Paragraph "Fourth" of section 225 (a) of title 28, U. S. C., 1940 ed., is incorporated in section 1293 of this title.

Words "Fifth. In the United States Court for China, in all cases" in said section 225 (a) were omitted. (See reviser's note under section 411 of this title.)

Venue provisions of section 1356 of title 48, U. S. C., 1940 ed., are incorporated in section 1295 of this title.

Section 61 of title 7 of the Canal Zone Code is also incorporated in sections 1291 and 1295 of this title.

In addition to the jurisdiction conferred by this chapter, the courts of appeals also have appellate jurisdiction in proceedings under Title 11, Bankruptcy, and Jurisdiction to review:

(1) Orders of the Secretary of the Treasury denying an application for, suspending, revoking, or annulling a basic permit under chapter 8 of title 27;

(2) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce;

(3) Orders of the Secretary of the Army under sections 504, 505 and 516 of title 33, U. S. C., 1940 ed., Navigation and Navigable Waters;

(4) Orders of the Civil Aeronautics Board under chapter 9 of title 49, except orders as to foreign air carriers which are subject to the President's approval;

(5) Orders under chapter 1 of title 7, refusing to designate boards of trade as contract markets or suspending or revoking such designations, or excluding persons from trading in contract markets;

(6) Orders of the Federal Power Commission under chapter 12 of title 16;

(7) Orders of the Federal Security Administrator under section 371 (e) of title 21, in a case of actual controversy as to the validity of any such order, by any person adversely affected thereby;

(8) Orders of the Federal Power Commission under chapter 15B of title 15;

(9) Final orders of the National Labor Relations Board; (10) Cease and desist orders under section 193 of title 7; (11) Orders of the Securities and Exchange Commission; (12) Orders to cease and desist from violating section 1599 of title 7;

(13) Wage orders of the Administrator of the Wage and Hour Division of the Department of Labor under section 208 of title 29;

(14) Orders under sections 81r and 1641 of title 19, U. S. C., 1940 ed., Customs Duties.

The courts of appeals also have jurisdiction to enforce: (1) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System, and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce;

(2) Final orders of the National Labor Relations Board; (3) Orders to cease and desist from violating section 1599 of title 7.

The Court of Appeals for the District of Columbia also has jurisdiction to review orders of the Post Office Department under section 576 of title 39 relating to discriminations in sending second-class publications by freight; Maritime Commission orders denying transfer to foreign registry of vessels under subsidy contract; sugar allotment orders; decisions of the Federal Communications Commission granting or refusing applications for construction permits for radio stations, or for radio station licenses, or for renewal or modification of radio station licenses, or suspending any radio operator's license. Changes were made in phraseology.

AMENDMENTS

1958-Pub. L. 85-508 eliminated provisions which gave the courts of appeals jurisdiction of appeals from the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.

1951-Act Oct. 31, 1951, inserted a reference to the District Court of Guam.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

CROSS REFERENCES

Agricultural compositions and extensions, appellate jurisdiction, see section 203 (n) of Title 11, Bankruptcy. Antitrust Civil Process Act judicial proceedings subject to appeal pursuant to this section, see section 1314 of Title 15, Commerce and Trade

Arrangements for debtors, appellate jurisdiction, see section 716 of Title 11, Bankruptcy.

Bankruptcy cases generally, appellate jurisdiction, see section 47 of Title 11, Bankruptcy.

Copyrights, review of orders, judgments, or decrees, see section 114 of Title 17, Copyrights.

Corporate reorganizations, appellate jurisdiction, see section 521 of Title 11, Bankruptcy.

Criminal cases, direct appeals to Supreme Court, and appeals to courts of appeals, see section 3731 of Title 18, Crimes and Criminal Procedure.

Direct appeals to Supreme Court, see sections 1252 and 1253 of this title.

Prize cases, allowance of appeal, see section 7680 of Title 10, Armed Forces.

Railroad reorganizations, appellate jurisdiction, see section 205 of Title 11, Bankruptcy.

Real property arrangements, appellate jurisdiction, see section 816 of Title 11, Bankruptcy.

Time for appeal, see section 2107 of this title. Tort claims cases, appellate jurisdiction of Court of Claims, see section 1504 of this title.

Trade-mark actions, appellate jurisdiction, see section 1121 of Title 15, Commerce and Trade.

Wage earners' plans, appellate jurisdiction, see section 1016 of Title 11, Bankruptcy.

FEDERAL RULES OF CIVIL PROCEDURE Procedure on appeal, see rules 73-76, Appendix to this

title.

FEDERAL RULES OF CRIMINAL PROCEDURE Procedure on appeal, see rules 37-39 and 46 (a) (2), Title 18, Appendix, Crimes and Criminal Procedure.

§ 1292. Interlocutory decisions.

(a) The courts of appeals shall have jurisdiction of appeals from:

(1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;

(2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;

(3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed;

(4) Judgments in civil actions for patent infringement which are final except for accounting. (b) When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order. (June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, § 49, 65 Stat. 727; July 7, 1958, Pub. L. 85-508, § 12 (e), 72 Stat. 348; Sept. 2, 1958, Pub. L. 85-919, 72 Stat. 1770.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 225 (b), 227, 227a, and section 61 of title 7 of the Canal Zone Code (Mar. 3, 1911, ch. 231, §§ 128, 129, 36 Stat. 1133, 1134; Feb. 13, 1925, ch. 229, § 1, 43 Stat. 937; Feb. 28, 1927, ch. 228, 44 Stat. 1261; Apr. 3, 1926, ch. 102, 44 Stat. 233; May 20, 1926, ch. 347, § 13 (a), 44 Stat. 587; Apr. 11, 1928, ch. 354, § 1, 45 Stat. 422; May 17, 1932, ch. 190, 47 Stat. 158).

Section consolidates sections 225 (b), 227 and part of 227a of title 28, U. S. C., 1940 ed., with necessary changes in phraseology to effect the consolidation.

The second paragraph of section 225 (b) of title 28, U. S. C., 1940 ed., relating to review of decisions of the district courts, under section 9 of the Railway Labor Act (section 159 of title 45), was omitted as covered by section 1291 of this title.

Words in section 227 of title 28, U. S. C., 1940 ed., "or decree," after "interlocutory order," were deleted, in view of Rule 65 of the Federal Rules of Civil Procedure, using only the word "order."

Provisions of sections 227 and 227a of title 28, U. S. C., 1940ged, relating to stay of proceedings pending appeal were omitted as superseded by Federal Rules of Civil Procedure, Rule 73.

36-500 0-65-vol. 7—10

Provisions of section 227 of title 28, U. S. C., 1940 ed., requiring an additional bond by the district court as a condition of appeal were omitted in view of Federal Rules of Civil Procedure, Rule 73.

Words in section 227 of title 28, U. S. C., 1940 ed., "and sections 346 and 347 of this title shall apply to such cases in the circuit courts of appeals as to other cases therein," at the end of the first sentence of section 227 of title 28, U. S. C., 1940 ed., were deleted as fully covered by section 1254 of this title, applicable to any case in a court of appeals. Other procedural provisions of said section 227 were omitted as covered by section 2101 et seq. of this title. In subsection (3), which is based on section 227a of title 28, U.S.C., 1940 ed., words "civil actions" were subtituted for "suits in equity" and word "judgments" was substituted for "decree," in view of Rules 2 and 54 of the Federal Rules of Civil Procedure.

The provision of sections 227 and 227a of title 28, U. S. C., 1940 ed., that appeal must be taken within thirty days after entry of order, decree or judgment is incorporated in section 2107 of this title.

The provisions of section 227a of title 28, U. S. C., 1940 ed., relating to stay of proceedings pending appeal, were omitted as superseded by Rule 73 of the Federal Rules of Civil Procedure.

The district courts for the districts of Hawaii and Puerto Rico are embraced in the term "district courts of the United States." (See definitive section 451 of this title.) Consequently the specific reference in section 225 of title 28, U. S. C., 1940 ed., to "the United States district courts for Hawaii" was omitted.

The District Court for the District of Puerto Rico is not enumerated in section 225 (b) of title 28, U. S. C., 1940 ed., nevertheless subsection (2) of the revised section does not except such court. Thus in conformity with the last sentence of section 864, title 48, U. S. C., 1940 ed. For distribution of said section 864, see Distribution Table. Section 61 of title 7 of the Canal Zone Code is also incorporated in sections 1292 and 1295 of this title.

AMENDMENTS

1958 Subsec. (a). Pub. L. 85-919 designated as subsec. (a) the former entire section.

Subsec. (a)(1). Pub. L. 85-508 eliminated the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.

Subsec. (b). Pub. L. 85-919 added subsec. (b). 1951-Par. (1). Act Oct. 31, 1951, inserted a reference to the District Court of Guam.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

CROSS REFERENCES

Bankruptcy cases, appellate jurisdiction of courts of appeals, and time for appeal, see sections 47 and 48 of Title 11, Bankruptcy.

Direct review in Supreme Court, see sections 1252 and 1253 of this title, and section 3731 of Title 18, Crimes and Criminal Procedure.

Time for appeal, see section 2107 of this title.

Writs in aid of jurisdiction, power to issue, see section 1651 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Effect of rule 73 on former section 227 of this title, from which this section was partly derived, see note by Advisory Committee under rule 73, Appendix to this title. Procedure on, and time for, appeal, see rules 73-76. Stay of proceedings on appeal, see rules 62 and 73.

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Books

United States Code, Volumes 6-7