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8 1293. Repealed. Pub. L. 87–189, 83, Aug. 30, 1961, 75

Stat. 417. Section, acts June 25, 1948, ch. 646, 62 Stat. 929; Mar. 18, 1959, Pub. L. 86-3, $ 14(b), 73 Stat, 10, provided for appeal from the supreme court of Puerto Rico to the court of appeals for the First Circuit. See section 1258 of this title.

SAVINGS CLAUSE Section 3 of Pub. L. 87–189 provided in part: "That such repeal (of this section) shall not deprive the Court of Appeals for the First Circuit of jurisdiction to hear and determine appeals taken to that court from the Supreme Court of Puerto Rico before the effective date of this Act (Aug. 30, 1961)." 8 1294. Circuits in which decisions reviewable.

Appeals from reviewable decisions of the district and territorial courts shall be taken to the courts of appeals as follows:

(1) From a district court of the United States to the court of appeals for the circuit embracing the district;

(2) From the United States District Court for the District of the Canal Zone, to the Court of Appeals for the Fifth Circuit;

(3) From the District Court of the Virgin Islands, to the Court of Appeals for the Third Circuit;

(4) From the District Court of Guam, to the Court of Appeals for the Ninth Circuit. (June 25, 1948, ch. 646, 62 Stat. 930; Oct. 31, 1951, ch. 655, $ 50(a), 65 Stat. 727; July 7, 1958, Pub. L. 85–508, $ 12(g), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, § 14(c), 73 Stat. 10; Aug. 30, 1961, Pub. L. 87-189, § 5, 75 Stat. 417.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 1141 (b) (1) (2) (3) of title 26, U. S. C., 1940 ed., Internal Revenue Code, title 28, U. 8. O., 1940 ed., & 225 (d) and sections 645, 864, 865, 1366, and 1392 of title 48, U. 8. C., 1940 ed., Territories and Insular Possessions, and section 61 of title 7 of the Canal Zone Code (Apr. 12, 1900, ch. 191, $ 35, 31 Stat. 85; Mar. 3, 1911, ch. 231, $ 128, 36 Stat. 1133; Aug. 24, 1912, ch. 390, § 9, 37 Stat. 566; Mar. 2, 1917, ch. 145, $$ 42, 43, 39 Stat. 966; Mar. 3, 1917, ch. 171, $ 2, 39 Stat. 1132; Sept. 21, 1922, ch. 370, $ 3, 42 Stat. 1006: Feb. 13. 1925. ch. 229. $& 1. 13. 43 Stat. 936. 942: Feb. 26. 1926. ch. 27. & 1002. 44 Stat. 110; 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 10, 1934, ch. 277, § 519, 48 Stat. 760; Feb, 10, 1939, ch. 2, § 1141 (b) (1) (2) (3), 53 Stat. 164).

Section consolidates the venue provisions of sections 645, 864, 1356, and 1392 of title 48, U. 8. C., 1940 ed., Territories and Insular Possessions with sections 1141 (b) (1) (2) (3) to title 26, U. S. C., 1940 ed., Internal Revenue and sections 225 (d) and 865 of said title 48. Other provisions of said section 864, not incorporated in this section and sections 41 and 119 of this title, were retained in title 48. Other provisions of said section 1356 are incorporated in section 1291 of this title. Other provisions of said section 1392 were also retained in title 48.

Paragraph (3) of section 1141 (b) of title 26, U. S. C., 1940 ed., was omitted as executed. It made such subsection applicable to all decisions of the Board of Tax Appeals (Tax Court) rendered on and after May 10, 1934.

Provisions of section 225 (d) of title 28, U. S. C., 1940 ed., for review of the decisions of the United States Court for China were omitted. (See reviser's note under section 411 of this title.)

Subsection (b) rephrases and rearranges the relevant provisions of section 1141 (b) (1) (2) (3) of title 26, U. S. C., 1940 ed.

Specific reference to the United States district courts for the districts of Hawaii, Puerto Rico and District of Columbia was omitted as unnecessary, these courts being embraced in the definition of "a district court of the United States" contained in section 451 of this title.

Administrative orders, referred to in reviser's note under section 1291 of this title, are reviewable and enforceable in the following circuits:

ORDERS REVIEWABLE (1) Alcoholic permit orders in the District of Columbia or in the circuit where the applicant or permittee resides or has his principal place of business;

(2) Antitrust and unfair trade orders in the circuit where unlawful act occurred or petitioner resides or carries on business;

(3) Bridge alteration; cost orders—in the circuit where bridge is wholly or partly located;

(4) Civil aeronautics orders in the District of Columbia or circuit where petitioner resides or has his principal place of business;

(5) Commodity exchange orders—in the circuit where board of trade has its principal place of business or in circuit where petitioner for review of exclusion order carries on business;

(6) Electric and water power orders—in the District of Columbia or circuit where licensee or public utility to which order relates is located or has its principal place of business;

(7) Food, drug and cosmetic orders—in the circuit where person adversely affected resides or has his principal place of business;

(8) Gas orders in the District of Columbia or circuit where company to which order relates is located or has its principal place of business;

(9) National Labor Relations Board's final orders in the District of Columbia or circuit where unfair labor practice occurred or violator resides or transacts business;

(10) Packers cease and desist orders-in the circuit where packer has his principal place of business;

(11) Radio license decisions in the District of Columbia;

(12) Securities and Exchange Commission orders-in the District of Columbia or circuit where petitioner resides or has his principal place of business;

(13) Seed orders--in the circuit where violator resides or has his principal place of business;

(14) Wage orders in the District of Columbia or circuit where petitioner resides or has his principal place of business;

(15) Foreign Trade Zones Board orders in the circuit where the Zone is located;

(16) Customhouse broker licenses-in circuit where applicant or licensee resides or has his principal place of business.

ORDERS ENFORCEABLE (1) Antitrust and unfair trade orders—in the circuit where unlawful act occurred or person allegedly committing unlawful act resides or carries on business;

(2) National Labor Relations Board's final orders-in the circuit where unfair labor practice occurred or violator resides or transacts business;

(3) Seed orders—in the circuit where violator resides or has his principal place of business.

Section 61 of title 7 of the Canal Zone Code is also incorporated in sections 1291 and 1292 of this title.

Changes were made in phraseology.

By Senate amendment, this section was renumbered "1294", and subsec. (b), which related to the Tax Court, was eliminated. Therefore, as finally enacted, section 1141 (b) (1) (2) (3) of Title 26, U. S.C., Internal Revenue Code 1939, was not one of the sources of this section. The Senate amendments also eliminated section 1141 of the Internal Revenue Code 1939 from the schedule of repeals. See Senate Report No. 1559.

AMENDMENTS 1961–Subsec. (4). Pub. L. 87-189 redesignated former subsec. (5) as (4) and repealed former subsec. (4), which provided that appeals from the Supreme Court of Puerto Rico should be taken to the Court of Appeals for the First Circuit. See section 1258 of this title.

1959_Subsec. (4). Pub. L. 86–3 redesignated former subsec. (5) as (4), and repealed former subsec. (4), which provided that appeals from the Supreme Court of Hawaii should be taken to the Court of Appeals for the

Ninth Circuit. See section 91 of this title and notes

AMENDMENTS thereunder.

1962—Pub. L. 87–748, $ 1(b), Oct. 5, 1962, 76 Stat. 744, Subsec. (5). Pub. L. 86–3 redesignated former subsec. added item 1361. (6) as (5).

1958—Pub. L. 85–554, $ 4, July 25, 1958, 72 Stat. 415 in1958–Subsec. (2). Pub. L. 85-508 redesignated former

serted "costs" in items 1331 and 1332. subsec. (3) as (2) and repealed former subsec. (2), 1953—Act Aug. 15, 1953, ch. 505, $ 3, 67 Stat. 589, added which provided that appeals from the District Court for

item 1360. the Territory of Alaska or any division thereof should be taken to the Court of Appeals for the Ninth Circuit. See

CROSS REFERENCES section 81A of this title which establishes a United States Admiralty and maritime jurisdiction, see section 740 District Court for the State of Alaska.

of Title 46, Shipping. Subsecs. (3)—(6). Pub. L. 85-508 redesignated former Amendment of pleadings to show jurisdiction, see secsubsecs. (4)-(7) as subsecs. (3)—(6).

tion 1653 of this title. 1951–Subsec. (7). Act Oct. 31, 1951, added subsec. Costs on dismissal for lack of jurisdiction, see section (7).

1919 of this title.

Criminal jurisdiction of district courts, see sections EFFECTIVE DATE OF 1959 AMENDMENT

3231 et seq. of Title 18, Crimes and Criminal Procedure. Amendment of section by Pub. L. 86–3 effective upon Criminal procedure, see Part II of Title 18, Crimes and the admission of the State of Hawait into the Union, Criminal Procedure. see note set out under section 1252 of this title. Ad District of Columbia district courtmission of Hawall into the Union was accomplished

Additional jurisdiction, see D.C. Code 1961 Ed., Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21,

$ 11-521. 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections Guam, jurisdiction of district court, see section 1424 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set of Title 48, Territories and Insular Possessions. out as notes preceding section 491 of Title 48, Territories Immigration and naturalization, jurisdiction of district and Insular Possessions.

courts, see sections 1329 and 1421 of Title 8, Allens and EFFECTIVE DATE OF 1958 AMENDMENT

Nationality.

Jurisdiction in suits to recover share of expenses Amendment of section by Pub. L. 85-508 effective Jan.

against handlers of agricultural commodities regardless 3, 1959, upon admission of Alaska into the Union pur

of amount in controversy, see section 610 (b) (2) (111) suant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73

of Title 7, Agriculture. Stat. c16, as required by sections 1 and 8(c) of Pub. L.

Jurisdiction of district courts in particular matters, see 85–508, see notes set out under section 81A of this title

table in reviser's note for section 1332 of this title. and preceding section 21 of Title 48, Territories and In

Process, see chapter 113 of this title. sular Possessions.

Puerto Rico, additional jurisdiction of district court, CROSS REFERENCES

see section 863 of Title 48, Territories and Insular Administrative orders, circuits where reviewable and

Possessions. enforceable, see reviser's note for this section.

Removal of cases from state courts, see sections 1441

et seq. of this title. Chapter 85.—DISTRICT COURTS; JURISDICTION

Virgin Islands, jurisdiction of district court, see sec

tions 1612 and 1613 of Title 48, Territories and Insular Sec.

Possessions. 1331. Federal question; amount in controversy; costs.

FEDERAL RULES OF CIVIL PROCEDURE 1332. Diversity of citizenship; amount in controversy; costs.

Procedure, generally, in district courts, see Appendix 1333. Admiralty, maritime and prize cases.

to this title. 1334. Bankruptcy matters and proceedings.

Jurisdictional grounds, statement required in claim for 1335. Interpleader.

relief, see rule 8. 1336. Interstate Commerce Commission's orders.

Parties, see rules 17–25. 1337. Commerce and anti-trust regulations.

Process and service, see rules 4 and 5. 1838. Patents, copyrights, trade-marks and unfair

FEDERAL RULES OF CRIMINAL PROCEDURE competition. 1339. Postal matters.

Procedure, generally, in district courts, see Title 18, 1340. Internal revenue; customs duties.

Appendix, Crimes and Criminal Procedure. 1341. Taxes by States. 1342. Rate orders of State agencies.

§ 1331. Federal question; amount in controversy; 1343. Civil rights (and elective franchise.]

costs, 1344. Election disputes. 1345. United States as plaintiff.

(a) The district courts shall have original juris1346. United States as defendant.

diction of all civil actions wherein the matter in 1947. Partition action where United States is joint

controversy exceeds the sum or value of $10,000 tenant. 1348. Banking association as party.

exclusive of interest and costs, and arises under the 1349. Corporation organized under federal law as party. Constitution, laws, or treaties of the United States. 1350. Allen's action for tort.

(b) Except when express provision therefor is 1351. Consuls and vice consuls as defendants. 1352. Bonds executed under federal law.

otherwise made in a statute of the United States, 1353. Indian allotments.

where the plaintiff is finally adjudged to be entitled 1354. Land grants from different states.

to recover less than the sum or value of $10,000, 1355. Fine, penalty or forfeiture.

computed without regard to any setoff or counter1356. Seizures not within admiralty and maritime jurisdiction.

claim to which the defendant may be adjudged to 1357. Injuries under Federal laws.

be entitled, and exclusive of interests and costs, the 1358. Eminent domain.

district court may deny costs to the plaintiff and, 1359. Parties collusively joined or made.

in addition, may impose costs on the plaintiff. (June 1360. State civil jurisdiction in actions to which Indians 25, 1948, ch. 646, 62 Stat. 930; July 25, 1958, Pub. L. are parties.

85-554, $ 1,72 Stat. 415.) 1361. Action to compel an officer of the United States to perform his duty.

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., 1 Pub. L. 85-315, $ 121, Sept. 9, 1957, 71 Stat. 637, which $ 41 (1) (Mar. 3, 1911, ch. 231, 924, par. 1, 36 Stat. 1091; amended section 1343 of this title, did not amend analy May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. sis to reflect the change.

726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143).

Jurisdiction of federal questions arising under other sections of this chapter is not dependent upon the amount in controversy. (See annotations under former section 41 of title 28, U. S. C. A., and 35 C. J. S., p. 833 et seq., $$ 30—43. See, also, reviser's note under section 1332 of this title.)

Words "wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs," were added to conform to rulings of the Supreme Court. See construction of provision relating to jurisdictional amount requirement in cases involving a Federal question in United States v. Sayward, 16 S. Ct. 371, 160 U. S. 493, 40 L. Ed. 508; Fishback v. Western Union 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 "all suits of a civil nature, at common law or in equity" to conform with Rule 2 of the Federal Rules of Civil Procedure.

Words "or treaties” were substituted for "or treaties made, 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 phraseology.

AMENDMENTS 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).

EFFECTIVE DATE OF 1958 AMENDMENT Section 3 of Pub. L. 85-554 provided that: "This Act (amending this section and sections 1332 and 1345 of this title] shall apply only in the case of actions commenced after the date of the enactment of this Act (July 25, 1958]."

CROSS REFERENCES Controversies involving pollution of waters, Jurisdiction of actions by States, see section 466g-1 of Title 33, Navi. gation and Navigable Waters.

Federal Deposit Insurance Corporation as party, see section 1819 of Title 12, Banks and Banking.

Federal Reserve Bank as party, see section 632 of Title 12.

International Finance Corporation as party, see section 2821 of Title 22, Foreign Relations and Intercourse.

International or foreign banking transactions, see section 632 of Title 12.

citizen of any State by which it has been incorporated and of the State where it has its principal place of business: Provided further, That in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been been incorporated and of the State where it has its principal place of business.

(d) The word "States”, as used in this section, includes the Territories, the District of Columbia, 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.)

LEGISLATIVE HISTORY Reviser's Note.-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).

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 notes under said sections.)

Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship. (See annotations under former section 41 of title 28, U. S. C. A., and 35 C. J. S., p. 833 et seq., $$ 30–43. See, also, reviser's note under section 1331 of this title.) As to citizenship of bank where jurisdiction depends upon diversity of citizenship, see section 1348 of this title.

Words "all civil actions" were substituted for "all suits of a civil nature, at common law or in equity" in order to conform to Rule 2 of the Federal Rules of Civil Procedure.

Words "or citizens of the District of Columbia, Territory of Hawall, or Alaska, and any State or Territory" which were inserted by the amendatory act April 20, 1940, are omitted. The word "States" is defined in this section and enumeration of the references is unnecessary.

The revised section conforms with the views of Philip F. Herrick, United States Attorney, Puerto Rico, who observed that the act of April 20, 1940, permitted action between a citizen of Hawail and of Puerto Rico, but not between a citizen of New York and Puerto Rico, in the district court.

This changes the law to insure uniformity. The 1940 amendment applied only to the provision as to controversies between "citizens of different States." The new definition in subsection (b) extends the 1940 amendment to apply to controversies between citizens of the Territories or the District of Columbia, and foreign states 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, was described as ambiguous in McGarry v. City of Bethlehem, 45 F. Supp. 385, 386. In that case the 1940 amendment was held unconstitutional insofar as it affected the District of Columbia. However, two other district courts upheld the amendment. Winkler v. Daniels, D. C. Va. 1942, 43 F. Supp. 265; Glaeser v. Acacia Mutual Life Ass'n. D. C. Cal. 1944, 55 F. Supp. 925.

This section is intended to cover all diversity of citizenship instances in civil actions in accordance with the judicial construction of the language in the original 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 and foreign 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;

8 1332. Diversity of citizenship; amount in controversy;

costs. (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and is between

(1) citizens of different States;

(2) citizens of a State, and foreign states or citizens or subjects thereof; and

(3) citizens of different States and in which foreign states or citizens or subjects thereof are additional parties.

(b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case 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 interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.

(c) For the purposes of this section and section 1441 of this title, a corporation shall be deemed a

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AMENDMENTS 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 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 of section by Pub. L. 85-554 applicable only in the case of actions commenced after July 25, 1958, see note set out under section 1331 of 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.

Puerto Rico, jurisdiction of District Court based on citizenship, see section 863 of Title 48, Territories and Insular Possessions.

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.

FEDERAL RULES OF CIVIL PROCEDURE Defenses and objections, see rule 12, Appendix to this title.

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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 Congress intended to permit citizens of the Territories or the District of Columbia to sue a State or Territory itself rather than the citizens thereof. The court observed that "Congress could hardly have had such intention."

The sentence “The foregoing provisions as to the sum or value of the matter in controversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section" was omitted as unnecessary. Those paragraphs are (2)—(28) of said section 41 of title 28, U. S. C., 1940 ed., which are revised and incorporated in this chapter and, except for those relating to actions against the United States and interpleader, contains no provision as to a sum or value necessary to confer jurisdiction. Consequently the omitted sentence is covered by excluding such requirement.

Section 41 (1) of title 28, U. S. C., 1940 ed., as originally enacted, purported to include all jurisdictional provisions relating to the district courts. Subsequently, many special jurisdictional provisions were enacted and incorporated in other titles of the U. S. C., 1940 ed., as follows: Title Section Title

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$ 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 prop

erty taken as prize. (June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, $ 79, 63 Stat. 101.)

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LEGISLATIVE HISTORY Reviser's Note.--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 commonlaw 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.

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 chapters 20 and 22 of Title 46, Shipping.

Jury trial in admiralty cases, see section 1878 of this title.

Limitation of vessel owner's llability, see chapter 8 of Title 46, Shipping. Prize

Generally, see chapter 655 of Title 10, Armed Forces.

Jurisdiction, see section 7652 of Title 10, Armed Forces. Seaman, definition of, see section 713 of Title 46, Shipping.

ADMIRALTY RULES See Appendix to this title. 8 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.)

LEGISLATIVE HISTORY Reviser's Note. 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.

CROSS REFERENCES Jurisdiction of district courts

Agricultural compositions and extensions, see section 203 (n) of Title 11, Bankruptcy.

Arrangements for debtors, see section 702 of Title 11, Bankruptcy.

Bankruptcy cases generally, see sections 1 (10), 11, and 46 of Title 11, Bankruptcy.

Corporate reorganizations, see section 502 of Title 11, Bankruptcy. Railroad

nizations, see section 205 of Title 11, Bankruptcy.

Real property arrangements, see section 802 of Title 11, Bankruptcy.

Wage earners' plans, see section 1002 of Title 11,

Bankruptcy. $ 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.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. 8. 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 "Judgment" 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 afdavit 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 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.

CROSS REFERENCES Actions on war risk insurance claims, see section 1292 of Title 46, Shipping.

Interpleader actions

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