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Process and procedure, see section 2361 of this title. Venue, see section 1397 of this title.

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. $ 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, enjoin, set aside, annul or suspend, in whole or in any part, any order of the Interstate Commerce Commission.

(b) When a district court or the Court of Claims refers a question or issue to the Interstate Commerce Commission for determination, the court which referred the question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annual, 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.)

LEGISLATIVE HISTORY Reviser's Note.-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 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., 1940 ed., Commerce and Trade.)

Words "any civil action" were substituted for "all cases" and "cases" in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.

AMENDMENTS 1964-Pub. L. 88-513 designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

CROSS REFERENCES Procedure for enforcement and review of Interstate Commerce Commission orders, see sections 2321 et seq. of this title.

Three-judge court required, see section 2325 of this title.

Venue of actions involving Interstate Commerce Commission's order, see section 1398 of this title. 8 1337. Commerce and anti-trust regulations.

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. (June 25, 1948, ch. 646, 62 Stat. 931.)

LEGISLATIVE HISTORY Reviser's Note. 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. & 1338. Patents, 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, copyrights and trademarks. Such jurisdiction shall be exclusive of the courts of the states in patent 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 or trade-mark laws. (June 25, 1948, ch. 646, 62 Stat. 931.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $8 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).

CROSS REFERENCES Amount in controversy under this section, see Reviser's Note 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.

Court of Claims, jurisdiction of claims against United tates for patent infringement. see section 1498 of this title.

Court of Customs and Patent Appeals, jurisdiction of patent and trade-mark proceedings, see section 1542 of this title.

Diversity of citizenship under this section, see Reviser's Note 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, For. eign Relations and Intercourse. Infringements of

Copyrights and rights and remedies therefor, see section 101 of Title 17, Copyrights.

Patents, see chapters 29 and 29 of Title 35.

Trade-marks, see sections 1057 (b), 1114, 1115 and 1117 of Title 15, Commerce and Trade. Jurisdiction of trade-mark actions, see section 1121 of Title 15.

Mutual security program, jurisdiction and legal remedy for unauthorized use or disclosure of patents and technical information, see section 1758 of Title 22.

Pleading and proof in patent actions for infringement, see section 282 of Title 35. Venue

Patent or copyright actions, see section 1400 of this title.

Trade-mark infringement action, see section 1391 (b) of this title.

8 1339. Postal matters.

The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to the postal service. (June 25, 1948, ch. 646, 62 Stat. 932.)

tax under State law where a plain, speedy and eficient remedy may be had in the courts of such State. (June 25, 1948, ch. 646, 62 Stat. 932.)

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).

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 1859 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.

CROSS REFERENCES Injunction against enforcement of State statute, see section 2281 of this title.

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $ 41 (6) (Mar. 3, 1911, ch. 231, § 24, par. 6, 36 Stat. 1092). Changes were made in phraseology.

CROSS REFERENCES Amount in controversy immaterial in actions under this section, see Reviser's Note under section 1331 of this title.

Diversity of citizenship immaterial in action under this section, see Reviser's Note under section 1332 of this title.

Postal laws in general, see Title 39, The Postal Service. 8 1340. Internal revenue; customs duties.

The district courts shall have original jurisdiction of any civil action arising under any Act of Congress providing for internal revenue, or revenue from imports or tonnage except matters within the jurisdiction of the Customs Court. (June 25, 1948, ch. 646, 62 Stat. 932.)

LEGISLATIVE HISTORY Reviser's Note.-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.

CROSS REFERENCES Action by the United States

Collection of unpaid estate tax, see section 7404 of Title 26, Internal Revenue Code.

Enforcement of tax lien or subjection of property to payment of tax, see section 7403 of Title 26, Internal Revenue Code.

Recovery of erroneous tax refund, see section 7405 of Title 26, Internal Revenue Code. Action to clear title to property upon which tax llen filed by United States, see section 7424 of Title 26, Internal Revenue Code.

Amount in controversy immaterial in action under this section, see Reviser's Note under section 1331 of this title.

Customs collectors' immunity from liability, see section 1513 of Title 19, Customs Duties.

Customs Court jurisdiction, see chapter 95 of this title, and section 169 of Title 19, Customs Duties.

Diversity of citizenship immaterial in action under this section, see Reviser's Note 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 (b) 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.

8 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.)

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).

This section rearranges and restates the fourth sentence of section 41 (1) of title 28, U. 8. C., 1940 ed.

Other provisions of section 41 (1) of title 28, U. S. C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1945, 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.

CROSS REFERENCES Injunction against enforcement of state statute, see section 2281 of this title. $ 1343. Civil rights and elective franchise.

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 of 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

$ 1341. Taxes by States.

The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any

Words "civil action” were substituted for "suits,” in view of Rule 2 of the Federal Rules of Civil Procedure.

Words "United States Senator" were added, as no reason appears for including Representatives and excluding Senators. Moreover, the Seventeenth amendment, providing for the popular election of Senators, was adopted after the passage of the 1911 law on which this section is based. Changes were made in phraseology.

CROSS REFERENCES Amount in controversy immaterial in action under this section, see Reviser's Note under section 1331 of this title.

Diversity of citizenship immaterial in action under this section, see Reviser's Note under section 1332 of this title.

Jurisdiction of action for damages for injuries in voting, see section 1357 of this title.

mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent;

(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States;

(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the

right to vote. (June 25, 1948. ch. 646, 62 Stat. 932; Sept. 3. 1954, ch. 1263, § 42, 68 Stat. 1241; Sept. 9, 1957, Pub. L. 85– 315, part III, $ 121, 71 Stat. 637.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $ 41 (12), (13), and (14) (Mar. 3, 1911, ch. 231, $ 24, pars. 12, 13, 14, 36 Stat. 1092).

Words "civil action" were substituted for "suits," "suits at law or in equity" in view of Rule 2 of the Federal Rules of Civil Procedure.

Numerous changes were made in arrangement and phraseology.

AMENDMENTS 1957–Pub. L. 85–315 inserted "and elective franchise" in the catchline and added par. (4).

1954-Act Sept. 3, 1954, substituted "section 1985 of Title 42" for "section 47 of Title 8" wherever appearing.

CROSS REFERENCES Generally, see chapter 21 of Title 42, The Public Health and Welfare.

Amount in controversy immaterial in action under this section, see Reviser's Note under section 1331 of this title.

Civil action for deprivation of civil rights, see section 1983 of Title 42, The Public Health and Welfare.

Civil action or injunction for deprivation of voting rights, see section 1971 (c) of Title 42, The Public Health and Welfare.

Conspiracy against rights of citizens constituting federal crime, see section 241 of Title 18, Crimes and Criminal Procedure.

Conspiracy to interfere with civil rights, see section 1985 of Title 42, The Public Health and Welfare.

Diversity of citizenship immaterial in action under this section, see Reviser's Note under section 1332 of this title.

Injunction against enforcement of state statute, see section 2281 of this title. 8 1344. Election disputes.

The district courts shall have original jurisdiction of any civil action to recover possession of any office, except that of elector of President or Vice President, United States Senator, Representative in or delegate to Congress, or member of a state legislature, authorized by law to be commenced, wherein it appears that the sole question touching the title to office arises out of denial of the right to vote, to any citizen offering to vote, on account of race, color or previous condition of servitude.

The jurisdiction under this section shall extend only so far as to determine the rights of the parties to office by reason of the denial of the right, guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States. (June 25, 1948, ch. 646, 62 Stat. 932.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 28, U. S. C., 1940 ed., $ 41 (15) (Mar. 3, 1911, ch. 231, $ 24, par. 15, 36 Stat. 1092).

8 1345. United States as plaintiff.

Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress. (June 25, 1948, ch. 646, 62 Stat. 933.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 28, U. 8. C., 1940 ed., 841 (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, 1332, 1341, 1342, 1354, and 1359 of this title.

Words "civil actions, suits or proceedings" were substi. tuted for "suits of a civil nature, at common law or in equity" in view of Rules 2 and 81 (a) (7) of the Federal Rules of Civil Procedure.

Word "agency" was inserted in order that this section shall apply to actions by agencies of the Government and to conform with special acts authorizing such actions. (See definitive section 451 of this title.)

The phrase "Except as otherwise provided by Act of Congress," at the beginning of the section was inserted to make clear that jurisdiction exists generally in district courts in the absence of special provisions conferring It elsewhere. Changes were made in phraseology.

CROSS REFERENCES Amount in controversy immaterial in action under this section, see Reviser's Note under section 1331 of this title.

Diversity of citizenship immaterial in action under this section, see Reviser's Note under section 1332 of this title. Jurisdiction of

Action against national banking association, see section 1348 of this title.

Action for enforcement of fines, penalties, or forfeitures, see section 1355 of this title.

Bonds executed under federal law, see section 1352 of this title.

District courts in postal matters, see section 1339 of this title. Third party tort liability for hospital and medical care, see section 2651 et seq. of Title 42, The Public Health and Welfare. United States as party

Generally, see chapter 161 of this title.

Interstate Commerce Commission orders, see section 2322 of this title.

§ 1346. United States as defendant.

(a) The district courts shall have original jurisdiction, concurrent with the Court of Claims, of:

(1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneonusly or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner

wrongfully collected under the internal-revenue laws;

(2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.

(b) Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

(c) The jurisdiction conferred by this section includes jurisdiction of any set-off, counterclaim, or other claim or demand whatever on the part of the United States against any plaintiff commencing an action under this section.

(d) The district courts shall not have jurisdiction under this section of any civil action or claim for a pension. (June 25, 1948, ch, 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, & 2(a), 63 Stat. 62; May 24, 1949, ch. 139, $ 80 (a), (b), 63 Stat. 101; Oct. 31, 1951, ch. 655, $ 50 (b), 65 Stat. 727; July 30, 1954, ch. 648, § 1, 68 Stat. 589; July 7, 1958, Pub. L. 85-508, § 12 (e), 72 Stat. 348; Aug. 30, 1964, Pub. L. 88–519, 78 Stat. 699.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 28, U. S. C., 1940 ed., $$ 41 (20), 931 (a), 932 (Mar. 3, 1911, ch. 231, $ 24, par. 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, $ 1310 (c), 42 Stat. 311; June 2, 1924, ch. 234, $ 1025 (c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27, $$ 1122 (c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, $$ 410 (a), 411, 60 Stat. 843).

Section consolidates provisions of section 41 (20) conferring Jurisdiction upon the district court, in civil actions against the United States, with the first sentence of section 931 (a) relating to jurisdiction of the district courts in tort claims cases, and those provisions of section 932 making the provisions of said section 41 (20), relating to counterclaim and set-off, applicable to tort claims cases, all of title 28, U.S. C., 1940 ed.

Provision in section 931 (a) of title 28, U. S. C., 1940 ed., for trials without a jury, is incorporated in section 2402 of this revised title. For other provisions thereof, see Distribution Table.

Words "commencing an action under this section" in subsec. (c) of this revised section cover the provision in section 932 of title 28, U.S. C., 1940 ed., requiring that the same provisions "for counterclaim and set-off" shall apply to tort claims cases brought in the district courts.

The phrase in section 931 (a) of title 28, U. S. C., 1940 ed., "accruing on and after January 1, 1945" was omitted because executed as of the date of the enactment of this revised title.

Provisions in section 41 (20) of title 28, U. S. C., 1940 ed., relating to time for commencing action against United States and jury trial constitute sections 2401 and 2402 of this title. (See reviser's notes under said sections.)

Words in section 41 (20) of title 28, U. S. C., 1940 ed., "commenced after passage of the Revenue Act of 1921" were not included in revised subsection (a) (1) because obsolete and superfluous. Actions under this section involving erroneous or illegal assessments by the collector of taxes would be barred unless filed within the 5-year limitation period of section 1113 (a) of the Revenue Act of 1926, 44 Stat. 9, 116. (See United States v. A. S. Kreider Co., 1941, 61 S. Ct. 1007, 313 U. S. 443, 85 L. Ed. 1447.)

Words in section 41 (20) of title 28, U. S. C., 1940 ed., "If the collector of internal revenue is dead or is not in office at the time such action or proceeding is commenced" were omitted.

The revised section retains the language of section 41 (20) of title 28, U. S. C., 1940 ed., with respect to actions against the United States if the collector is dead or not in office when action is commenced, and consequently maintains the long existing distinctions in practice between actions against the United States and actions against the collector who made the assessment or collection. In the latter class of actions either party may demand a jury trial while jury trial is denied in actions against the United States. See section 2402 of this title. In reality all such actions are against the United States and not against local collectors. (See Lowe v. United States, 1938, 58 S. Ct. 896, 304 U, S. 302, 82 L. Ed. 1362; Manseau v. United States. D. C. Mich. 1943. 52 F. Supp. 395, and Combined Metals Reduction Co. v. United States, D. C. Utah 1943, 53 F. Supp. 739.)

The revised subsection (c) (1) omitted clause: "but no suit pending on the 27th day of June 1898 shall abate or be affected by this provision," contained in section 41 (20) of title 28, U. S. C., 1940 ed., as obsolete and superfluous. The words contained in section 41 (20) of title 28, U. S. C., 1940 ed., "claims growing out of the Civil War, and commonly known as 'war-claims,' or to hear and determine other claims which had been reported adversely prior to the 3d day of March 1887 by any court, department, or commission authorized to have and determine the same," were omitted for the same reason.

The words "in a civil action or in admiralty," in subsection (a) (2), were substituted for “either in a court of law, equity, or admiralty" to conform to Rule 2 of the Federal Rules of Civil Procedure.

Words in section 41 (20) "in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable" were omitted from subsection (a) (2) of this revised section as unnecessary. See reviser's note under section 1491 of this title.

For jurisdiction of The Tax Court to review claims for refunds of processing taxes collected under the unconstitutional Agriculture Adjustment Act, see sections 644-659 of title 7, U. S. C., 1940 ed., Agriculture, and the 1942 Revenue Act, Act Oct. 21, 1942, ch. 610, title V, $ 510 (a), (c), (d), 56 Stat. 667. (See, also, Lamborn v. United States, C. C. P. A. 1939, 104 F. 2d 75, certiorart denied 60 S. Ct. 115, 308 U. S. 589, 84 L. Ed. 493.)

See, also, reviser's note under section 1491 of this title as to jurisdiction of the Court of Claims in suits against the United States generally. For venue of actions under this section, see section 1402 of this title and reviser's note thereunder. Minor changes were made in phraseology.

SENATE REVISION AMENDMENT The provision of title 28, U. S. C., $ 932, which related to application of the Federal Rules of Civil Procedure, were originally set out in section 2676 of this revised title, but such section 2676 was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559, amendment No. 61.

AMENDMENTS 1964—Subsec. (d). Pub. L. 88-519 eliminated provisions which prohibited district courts from exercising jurisdiction of civil actions or claims to recover fees, salary, or compensation for official services of officers or employees of the United States.

1958—Subsec. (b). 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.

The venue provision in section 41 (25) of title 28, U. S. C., 1940 ed., is incorporated in section 1399 of this title.

Words "civil action” were substituted for "suits in equity," in view of Rule 2 of the Federal Rules of Civil Procedure. A change was made in phraseology.

CROSS REFERENCES Amount in controversy immaterial in action under this section, see Reviser's Note under section 1331 of this title.

Diversity of citizenship immaterial in action under this section, see Reviser's Note under section 1332 of this title.

Venue of action for partition of lands where United States is tenant in common or joint tenant, see section 1399 of this title.

1954 Subsec. (a) (1). Act July 30, 1954, deleted the language imposing the jurisdictional limitation of $10,000 on suits to recover taxes.

1951–Subsec. (d). Act Oct. 31, 1951, in clause (2), inserted references to "claim" and "employees".

1949—Subsec. (a)(1). Act May 24, 1949, $ 80(a) in. serted ", (1) if the claim does not exceed $10,000 or (11)".

Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, $ 80 (b), made a technical change to correct "chapter 173" to read "chapter 171", and inserted "on and after January 1, 1945" following "for money damages".

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union suant 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. SAVINGS CLAUSE FOR ACT Oct. 31, 1951; RESTORATION OF

CERTAIN DISMISSED CASES
Act June 4, 1956, ch. 363, 70 Stat. 246, provided :

"That, notwithstanding any lapse of time or statute of limitations, and notwithstanding section 1346 (d) (2) of title 28, United States Code (subsec. (d) (2) of this section), the United States district courts shall have jurisdiction of all civil actions or claims to recover fees, salary, or compensation for official services of employees of the United States which were filed prior to October 31, 1951, and were thereafter dismissed for want of jurisdiction as a result of the amendment made to such section by section 50 (b) of the Act entitled 'An Act to amend certain titles of the United States Code, and for other purposes', approved October 31, 1951.

"Such cases which were pending in the district courts or in the courts of appeals on October 31, 1951, and which may have been dismissed by reason of the withdrawal of jurisdiction during their pendency, shall be restored upon petition to the appropriate court within one year after the effective date of this Act (June 4, 1956)."

CROSS REFERENCES Costs where United States is party, see section 2412 of this title.

Court of Claims jurisdiction, see chapter 91 of this title.

Interest on judgments against United States, see section 2411 of this title.

Jury trial denied in actions under this section, see section 2402 of this title.

Remedy under this section for damages caused by operation of motor vehicles by Government employees to be exclusive of any other civil action or proceeding, see section 2679(b) of this title.

Settlement of claims incident to activities of the Coast Guard, see section 645 of Title 14, Coast Guard.

Tax Court jurisdiction, see section 7441 et seq. of Title 26, Internal Revenue Code.

Time for commencing action against United States, see section 2401 of this title.

Tort claims procedure, see chapter 171 of this title.

Venue of actions against United States, see section 1402 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Costs where United States is party, see rule 54 (d), Appendix to this title. 8 1347. Partition action where United States is joint

tenant.

The district courts shall have original jurisdiction of any civil action commenced by any tenant in common or joint tenant for the partition of lands where the United States is one of the tenants in common or joint tenants. (June 25, 1948, ch. 646, 62 Stat. 933.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $ 41 (25) (Mar. 3, 1911, ch. 231, $ 24, par. 25, 36 Stat. 1094).

8 1348. Banking association as party.

The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking association, any civil action to wind up the affairs of any such association, and any action by a banking association established in the district for which the court is held, under chapter 2 of Title 12, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by such chapter.

All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located. (June 25, 1948, ch. 646, 62 Stat. 933.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $ 41 (16) (Mar. 3, 1911, ch. 231, $ 24, par. 16, 36 Stat. 1092).

Words "any civil action" were substituted for "all cases," in view of Rule 2 of the Federal Rules of Civil Procedure.

Words "real, personal, or mixed, and all suits in equity," after "all other actions by or against them," were omitted as superfluous.

EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of officers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by 1950 Reorg. Plan No. 26, $ 1, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES Amount in controversy

Immaterial in action other than on diverse citizenship, see Reviser's Note under section 1331 of this title.

Required in diverse citizenship action under this section, see Reviser's Note under section 1332 of this

title. Injunction by national bank against Comptroller of Currency denying failure to redeem notes, see section 195 of Title 12, Banks and Banking. Jurisdiction of action by or against

Federal reserve bank, see section 632 of Title 12, Banks and Banking.

Liquidating agent of national bank, see section 197 of Title 12, Banks and Banking.

National bank receiver, see section 1345 of this title.

National banking association, see section 94a of Title 12, Banks and Banking. Powers of conservator of national bank, see section 203 of Title 12, Banks and Banking.

Prohibition on state court from enjoining national bank, see section 91 of Title 12, Banks and Banking. Venue of action

Against national banking association, see section 94 of Title 12. Banks and Banking.

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