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By banking association to enjoin the Comptroller of the Currency, see section 1394 of this title.

8 1352. Bonds executed under federal law.

The district courts shall have original jurisdiction, concurrent with State courts, of any action on a bond executed under any law of the United States. (June 25, 1948, ch. 646, 62 Stat. 934.)

LEGISLATIVE HISTORY Reviser's Note.-This section is necessary to permit actions in the district courts upon any bond authorized by a law of the United States. In the absence of this new provision, such actions could not be maintained except by the United States, where the amount and other jurisdictional requisites did not exist. The new section also makes clear that it does not affect the right to prosecute such actions in State courts.

8 1349. Corporation organized under federal law as

party.. The district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock. (June 25, 1948, ch. 646, 62 Stat. 934.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $ 42 (Feb. 13, 1925, ch. 229, § 12, 43 Stat. 941).

Words "civil action" were substituted for "action or suit," in view of Rule 2 of the Federal Rules of Civil Procedure. Minor changes were made in phraseology.

CROSS REFERENCES Action arising under law of United States, see section 1331 of this title.

Action by agency of United States, see section 1345 of this title. Action by or against

Federal land banks, see section 676 of Title 12, Banks and Banking.

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

National banking association, see section 1348 of this title.

$ 1350. Alien's action for tort.

The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. (June 25, 1948, ch. 646, 62 Stat. 934.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $ 41 (17) (Mar. 3, 1911, ch. 231, $ 24, par. 17, 36 Stat. 1093).

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

CROSS REFERENCES Amount in controversy immaterial in action under this section, see Reviser's Note under section 1331 of this title. 8 1351. Consuls and vice consuls as defendants.

The district courts shall have original jurisdiction, exclusive of the courts of the States, of all actions and proceedings against consuls or vice consuls of foreign states. (June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139, $ 80 (c), 63 Stat. 101.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $$ 41 (18), 371 (8) (Mar. 3, 1911, ch. 231, $$ 24, par. 18, 256, par. 8, 36 Stat. 1093, 1160).

Words "civil action” were substituted for "suits," and "all suits and proceedings" in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.

AMENDMENTS 1949Act May 24, 1949, substituted "of all actions and proceedings" for "of any civil action".

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.

Judicial power extended in cases affecting consuls, see Const. Art. 3, & 2, cl. 1.

8 1353. Indian allotments.

The district courts shall have original jurisdiction of any civil action involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any Act of Congress or treaty.

The judgment in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands held on or before December 21, 1911, by either of the Five Civilized Tribes, the Osage Nation of Indians, nor to any of the lands within the Quapaw Indian Agency. (June 25, 1948, ch. 646, 62 Stat. 934.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $ 41 (24) (Mar. 3, 1911, ch. 231, $ 24, par. 24, 36 Stat. 1094; Dec. 21, 1911, ch. 5, 37 Stat. 46).

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

The sentence “The right of appeal shall be allowed to either party as in other cases" was omitted as covered by section 1291 of this title, relating to appeals to the court of appeals. Changes in phraseology were made.

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

Jurisdiction of action for allotment, see section 345 of Title 25, Indians. $ 1354. Land grants from different states.

The district courts shall have original jurisdiction of actions between citizens of the same state claimof actions between citizens ing lands under grants from different states. (June 25, 1948, ch. 646, 62 Stat. 934.)

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, 1332, 1341, 1342, 1345, and 1359 of this title. 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. 8 1355. Fine, penalty or forfeiture.

The district courts shall have original jurisdiction, exclusive of the courts of the States, of any action or proceeding for the recovery or enforcement of any fine, penalty, or forfeiture, pecuniary or otherwise,

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.

incurred under any Act of Congress. (June 25, 1948, ch. 646, 62 Stat. 934.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $$ 41 (9) and 371 (2) (Mar. 3, 1911, ch. 231, $$ 24, par. 9, 256, par, 2, 36 Stat. 1092, 1160).

Word "fine" was inserted so that this section will apply to the many provisions in the United States Code for fines which are essentially civil. (See, also, section 2461 of this title and reviser's note thereunder.)

Words "pecuniary or otherwise" were added to make this section expressly applicable to both pecuniary and property forfeitures. The original section was so construed in Miller v. United States, 1870, 11 Wall. 268, 20 L. Ed. 135; Tyler v. Defrees, 1870, 11 Wall, 331, and The Rosemary, C. C. A. 1928, 26 F. 2d 354, certiorari denied 49 S. Ct. 23, 278 U. S. 619, 73 L. Ed. 542. Changes were made in phraseology.

CROSS REFERENCES Actions for forfeiture under customs laws, see section 1604 et seq. of Title 19, Customs Duties.

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.

Fines, penalties and forfeitures, proceedings, see chapter 13 of this title.

Venue of action for fine, penalty, or forfeiture see section 1395 of this title.

$ 1356. Seizures not within admiralty and maritime

jurisdiction. The district courts shall have original jurisdiction, exclusive of the courts of the States, of any seizure under any law of the United States on land or upon waters not within admiralty and maritime jurisdiction. (June 25, 1948, ch. 646, 62 Stat. 934.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 28, U. S. C., 1940 ed., $$ 41 (3) and 371 (4) (Mar. 3, 1911, ch. 231, $$ 24, par. 3, 256, par. 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, § 1, 40 Stat. 395; June 10, 1922, ch. 216, § 1, 42 Stat. 634).

Section consolidates certain provisions of sections 41 (9) and 371 (4) of title 28, U. S. C., 1940 ed. Other provisions of such sections are incorporated in section 1333 of this title. Changes were made in arrangement and 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

Admiralty, maritime and prize cases, see section 1333 of this title.

Fine, penalty, or forfeiture, see section 1355 of this

8 1358. Eminent domain.

The district courts shall have original jurisdiction of all proceedings to condemn real estate for the use of the United States or its departments or agencies. (June 25, 1948, ch. 646, 62 Stat. 935.)

LEGISLATIVE HISTORY Reviser's Note. Based on section 257 of title 40, U.S. C., 1940 ed., Public Buildings, Property, and Works (Aug. 1, 1888, ch. 728, § 1, 25 Stat. 357; Mar. 3, 1911, ch. 231, $ 291, 36 Stat. 1167).

The venue provisions of section 257 of title 40, U. S. C., 1940 ed., are incorporated in section 1403 of this title.

Other provisions of section 257 of title 40, U. S. C., 1940 ed., are retained in said title 40. Changes were made in phraseology.

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

Armed forces, acquisition of property, see section 2663 of Title 10, Armed Forces.

Coast Guard, acquisition of land, see section 92 (1) of Title 14, Coast Guard.

Condemnation of property, right of Government officials, see section 257 of Title 40, Public Buildings, Property, and Works.

Declaration of taking proceedings in eminent domain, see section 258a et seq. of Title 40, Public Buildings, Property, and Works.

District of Columbia, procedure in condemnation proceedings, see D.C. Code, 1961 ed., $$ 16-619 to 16–644.

Irrigation project, acquisition of land, see section 421 of Title 43, Public Lands.

Lumber production, acquisition of property for, see section 2664 of Title 10, Armed Forces.

Rental of buildings on condemned property, see section 262 of Title 40, Public Buildings, Property, and Works.

River and harbor improvements, acquisition of land, see section 591 et seq. of Title 33, Navigation and Navigable Waters.

Tennessee Valley Authority, procedure in condemnation proceedings, see section 831x of Title 16, Conservation.

Venue of eminent domain proceedings, see section 1403 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Procedure in condemnation proceedings, see rule 71A, Appendix to this title. $ 1359. Parties collusively joined or made.

A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court. (June 25, 1948, ch. 646, 62 Stat. 935.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed. $$ 41 (1) and 80 (Mar. 3, 1911, ch. 231, $$ 24 (1), 37, 36 Stat. 1091, 1098; 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, 1345, and 1354 of this title.

Provisions of section 80 of title 28, U. S. C., 1940 ed., for payment of costs upon dismissal of an action for lack of jurisdiction are incorporated in section 1919 of this title. Other provisions of said section 80 appear in section 1447 of this title.

Provisions of section 80 of title 28, U. S. C., 1940 ed., for dismissal of an action not really and substantially

title.

$ 1357. Injuries under Federal laws.

The district courts shall have original jurisdiction of any civil action commenced by any person to recover damages for any injury to his person or property on account of any act done by him, under any Act of Congress, for the protection or collection of any of the revenues, or to enforce the right of citizens of the United States to vote in any State (June 25, 1948, ch. 646, 62 Stat. 934.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 41 (11) (Mar. 3, 1911, ch. 231, $ 24, par. 11, 36 Stat. 1092.)

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

Minor changes were made in phraseology.

involving a dispute or controversy within the jurisdiction of a district court, were omitted as unnecessary. Any court will dismiss a case not within its jurisdiction when its attention is drawn to the fact, or even on its own motion.

The assignee clause in section 41 (1) of title 28, U. S. C., 1940 ed., "is a jumble of legislative jargon." (For further references to the consequences of "its obscure phraseology," see, 35 Ill. Law Rev., January 1941, pp. 5694571.)

The revised section changes this clause by confining its application to cases wherein the assignment is improperly or collusively made to invoke jurisdiction. Furthermore, the difficulty of applying the original clause is overcome and the original purpose of such clause is better served by substantially following section 80 of title 28, U. S. C., 1940 ed.

The assignee clause was incorporated in the original Judiciary Act of 1789. Such section 80 was enacted in 1875. The history of the assignee clause "shows clearly that its purpose and effect, at the time of its enactment were to prevent the conferring of jurisdiction on the Federal courts, on grounds of diversity of citizenship, by assignment, in cases where it would not otherwise exist." (Sowell v. Federal Reserve Bank, 1925, 45 S. Ct. 528, 529, 268 U. S. 449, 453, 69 L. Ed. 1041, 1048.) Thus the purpose of the assignee clause was to prevent the manufacture of Federal jurisdiction by the device of assignment. It achieves this purpose only partially. For example, the assignee clause excepts two types of choses in action from its coverage: (1) Foreign bill of exchange; and (2) corporate bearer paper. But this does not prevent the use of assignment of these choses in action to create the necessary diversity or alienage for jurisdictional purposes. Such section 80 does, however, prevent that. (See Bullard v. City of Cisco, 1933, 54 S. Ct. 177, 290 U. S. 179, 78 L. Ed. 254, 93 A. L. R. 141.) Its coverage against collusive jurisdiction is unlimited, and its approach is direct. The assignee clause, on the other hand, prevents the bona fide assignee of a chose in action within its terms from resorting to the Federal courts unless there is jurisdiction to support the assignee-plaintiff's case and a showing that there would have been jurisdiction if the assignor had brought the action in lieu of the assigneeplaintiff. Since the assignee clause deals with the bona

e the assignee clause deals with the bona fide assignee, there has been much litigation to determine the assignments which should or should not be within the purview of the clause. Thus the courts have thought it advisable to limit the term "chose in action" and exclude from its scope (1) an implied in law duty or promise, and (2) a transfer of a property interest; and to exclude an assignment by operation of law from the coverage of the clause. Intermediate assignments and reassignment also give difficulty.

CROSS REFERENCES Amendment of pleadings to show jurisdiction, see section 1653 of this title.

Costs on dismissal for lack of jurisdiction, see section 1919 of this title.

Removed cases, remand to State court for lack of jurisdiction, see section 1447 of this title.

FEDERAL RULES OF CIVIL PROCEDURE Defenses and objections, pleadings allowed and form of motions, see rules 7 and 12, Appendix to this title.

Parties, see rules 17-25.

such Indian country as they have elsewhere within the State or Territory: State or Territory

Indian country affected Alaska ---------- All Indian country within the Territory. California.------ All Indian country within the State. Minnesota ------ All Indian country within the State,

except the Red Lake Reservation. Nebraska ------- All Indian country within the State. Oregon.--------All Indian country within the State,

except the Warm Springs Reservation. Wisconsin.------ All Indian country within the State.

(b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the State to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein.

(c) Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section. (Added Aug. 15, 1953, ch. 505, § 4, 67 Stat. 589, and amended Aug. 24, 1954, ch. 910, $ 2, 68 Stat. 795; Aug. 8, 1958, Pub. L. 85-615, $ 2, 72 Stat. 545.)

AMENDMENTS 1958—Subsec. (a). Pub. L. 85–615 gave Alaska jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in all Indian country within the Territory of Alaska.

1954-Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe within the provisions of this section.

ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan, 3, 1959, upon issuance of 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, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Terri. tories and Insular Possessions. AMENDMENT OF STATE CONSTITUTIONS TO REMOVE LEGAL

IMPEDIMENT; EFFECTIVE DATE Section 6 of act Aug. 15, 1953, provided that: "Notwithstanding the provisions of any Enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil and criminal jurisdiction in accordance with the provisions of this Act (adding section 1360 of this title and section 1162 of Title 18]: Provided, That the provisions of this Act shall not become effective with respect to such assumption of jurisdiction by any such State until the people thereof have appropriately amended their State constitution or statutes as the case may be." CONSENT OF UNITED STATES TO OTHER STATES TO ASSUME

JURISDICTION Section 7 of act Aug. 15, 1953, provided that: "The con-. sent of the United States is hereby given to any other State not having jurisdiction with respect to criminal offenses or civil causes of action, or with respect to both,

8 1360. State civil jurisdiction in actions to which In

dians are parties. (a) Each of the States or Territories listed in the following table shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country listed opposite the name of the State or Territory

ale or Territory to the same extent that such State or Territory has jurisdiction over other civil causes of action, and those civil laws of such State or Territory that are of general application to private persons or private property shall have the same force and effect within

as provided for in this Act (adding section 1360 of this title and section 1162 of Title 18), to assume jurisdiction at such time and in such manner as the people of the State shall, by affirmative legislative action, obligate and bind the State to assumption thereof."

8 1361. Action to compel an officer of the United States

to perform his duty. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff. (Added Pub. L. 87–748, § 1(a), Oct. 5, 1962, 76 Stat. 744.)

Chapter 87.-DISTRICT COURTS; VENUE

Sec.

1391. Venue generally. 1392. Defendants or property in different districts in same

State. 1893. Divisions; single defendant; defendants in different

divisions. 1894. Banking association's action against Comptroller of

Currency. 1395. Fine, penalty or forfeiture. 1896. Internal revenue taxes. 1397. Interpleader. 1398. Interstate Commerce Commission's orders. 1399. Partition action involving United States. 1400. Patents and copyrights. 1401. Stockholder's derivative action. 1402. United States as defendant. 1403. Eminent domain. 1404. Change of venue. 1405. Creation or alteration of district or division. 1406. Cure or waiver of defects.

CROSS REFERENCES Criminal cases, venue, see sections 3235 et seq. of Title 18, Crimes and Criminal Procedure.

Jurisdiction of district courts, see sections 1331 et seq. of this title, and Reviser's Note for section 1332 of this title. Process, see chapter 113 of this title.

FEDERAL RULES OF CRIMINAL PROCEDURE Venue, see rules 18-22, Title 18, Appendix, Crimes and Criminal Procedure.

The summons and complaint in such an action shall be served as provided by the Federal Rules of Civil Procedure except that the delivery of the summons and complaint to the officer or agency as required by the rules may be inade by certified mail beyond the territorial limits of the district in which the action is brought.

(f) A civil action on a tort claim arising out of the manufacture, assembly, repair, ownership, maintenance, use, or operation of an automobile may be brought in the judicial district wherein the act or omission complained of occurred. (June 25, 1948, ch. 646, 62 Stat. 935; Oct. 5, 1962, Pub. L. 87-748, § 2, 76 Stat. 744; Dec. 23, 1963, Pub. L. 88–234, 77 Stat. 473.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 28, U. S. C., 1940 ed., $$ 111, 112 (Mar. 3, 1911, ch. 231, $$ 50, 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, § 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213).

Section consolidates section 111 of title 28, U. S. C., 1940 ed., with part of section 112 of such title.

The portion of section 112 of title 28, U. S. C., 1940 ed., relating to venue generally constitutes this section and the parts relating to arrest of the defendant, venue and process in stockholders' actions constitute sections 1401, 1693, and 1695 of this title.

Provision in section 111 of title 28, U. S. C., 1940 ed., that a district court may proceed as to parties before it although one or more defendants do not reside in the district, and that its judgment shall be without prejudice to such absent defendants, was omitted as covered by rule 19 (b) of the Federal Rules of Civil Procedure.

Word "action" was substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure.

Word "reside" was substituted for "whereof he is an inhabitant" for clarity inasmuch as "inhabitant" and "resident" are synonymous. (See Ex parte Shaw, 1892, 12 S. Ct. 935, 145 U. S. 444, 36 L. Ed. 768; Standard Stoker Co., Inc. v. Lower, D. C., 1931, 46 F. 2d 678; Edgewater Realty Co. v. Tennessee Coal, Iron & Railroad Co., D. C., 1943, 49 F. Supp. 807.)

Reference to "all plaintiffs" and "all defendants" were substituted for references to "the plaintiff" and "the defendant," in view of many decisions holding that the singular terms were used in a collective sense. (See Smith v. Lyon, 1890, 10 S. Ct. 303, 133 U. S. 315, 33 L. Ed. 635; Hooe v. Jamieson, 1897, 17 S. Ct. 596, 166 U. S. 395, 41 L. Ed. 1049; and Fetzer v. Livermore, D. C., 1926, 15 F. 2d 462.)

In subsection (c), references to defendants "found" within a district or voluntarily appearing were omitted. The use of the word "found" made section 111 of title 28, U. S. C., 1940 ed., ambiguous. The argument that an action could be brought in the district where one defendant resided and a nonresident defendant was "found," was rejected in Camp v. Gress, 1919, 39 S. Ct. 478, 250 U. S. 308, 63 L. Ed. 997. However, this ambiguity will be obviated in the future by the omission of such reference.

Subsection (d) of this section is added to give statutory recognition to the weight of authority concerning a rule of venue as to which there has been a sharp conflict of decisions. (See Sandusky Foundry & Machine Co. v. De Lavand, 1918, D. C. Ohio, 251 F. 631, 632, and cases cited. See also Keating v. Pennsylvania Co., 1917, D. C. Ohio, 245 F. 155 and cases cited.) Changes were made in phraseology.

AMENDMENTS 1963–Subsec. (f). Pub. L. 88–234 added subsec. (f) 1962—Subsec. (e). Pub. L. 87-748 added subsec. (e).

CITIZENSHIP OF CORPORATIONS For provisions relating to citizenship of corporations for purposes of diversity of citizenship and removability of actions, see section 1332 (c) of this title.

CROSS REFERENCES Antitrust laws, actions under, see sections 15 and 22 of Title 15, Commerce and Trade.

$ 1391. Venue generally.

(a) A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in the judicial district where all plaintiffs or all defendants reside.

(b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may be brought only in the judicial district where all defendants reside, except as otherwise provided by law.

(c) A corporation may be sued in any judicial district in which it is incorporated or licensed to do business or is doing business, and such judicial district shall be regarded as the residence of such corporation for venue purposes.

(d) An alien may be sued in any district.

(e) A civil action in which each defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States, may, except as otherwise provided by law, be brought in any judicial district in which: (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides if no real property is involved in the action.

Change of venue, see section 1404 of this title.

Diversity of citizenship, jurisdiction of district courts, see section 1332 of this title.

Place of arrest in civil action, see section 1693 of this title.

Process, see sections 1691 et seq. of this title.

Process in stockholder's derivative action, see section 1695 of this title. Residence

Federal National Mortgage Association as resident of District of Columbia, see section 1717 of Title 12, Banks and Banking.

International Finance Corporation as inhabitant of Federal judicial district in which principal office in United States is located, see section 282f of Title 22, Foreign Relations and Intercourse.

Saint Lawrence Seaway Development Corporation as resident of northern judicial district of New York, see section 984 of Title 33, Navigation and Navigable

Waters.
Waiver of venue, see section 1406 of this title.

FEDERAL RULES OF CIVIL PROCEDURE
Venue unaffected, see rule 82, Appendix to this title.

LEGISLATIVE HISTORY Reviser's Note. Based on title 28, U. S. C., 1940 ed., $ 114 (Mar. 3, 1911, ch. 231, $ 53, 36 Stat. 1101).

Second sentence of section 114 of title 28, U. S. C., 1940 ed., relating to mesne and final process was omitted as covered by section 1692 o? this title and Rule 4 of the Federal Rules of Civil Procedure.

The third and fourth sentences of section 114 of title 28, U. S. C., 1940 ed., relating to transfer of criminal proceedings from divisions of district courts were omitted as fully covered by Rule 19 of the Federal Rules of Criminal Procedure.

The last sentence of section 114 of title 28, U. S. C., 1940 ed., relating to removal of cases from State to Federal district courts, is incorporated in section 1441 of this title. Changes were made in phraseology.

FEDERAL RULES OF CRIMINAL PROCEDURE Venue and transfer of criminal prosecutions, see rule 18 et seq., and notes of Advisory Committee under the rules, Title 18, Appendix, Crimes and Criminal Procedure.

$ 1394. Banking association's action against Comp

troller of Currency. Any civil action by a national banking association to enjoin the Comptroller of the Currency, under the provisions of any Act of Congress relating to such associations, may be prosecuted in the judicial district where such association is located. (June 25, 1948, ch. 646, 62 Stat 135.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $ 110 (Mar. 3, 1911, ch. 231, $ 49, 36 Stat. 1100).

Words "Any civil action" were substituted for "All proceedings," in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.

CROSS REFERENCES Jurisdiction of district court in banking association's action against the Comptroller of the Currency, see section 1348 of this title.

§ 1392. Defendants or property in different districts in

same State. (a) Any civil action, not of a local nature, against defendants residing in different districts in the same State, may be brought in any of such districts.

(b) Any civil action, of a local nature, involving property located in different districts in the same State, may be brought in any of such districts. (June 25, 1948, ch. 646, 62 Stat. 935.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 28. U. S. C., 1940 ed., $ $ 113, 116 (Mar. 3, 1911, ch. 231, $$ 52, 55, 36 Stat. 1101, 1102).

Section consolidates section 113 of title 28, U. S. C., 1940 ed., with section 116 of such title.

Last sentence of section 113 of title 28, U. S. C., 1940 ed., relating to execution on Judgments or decrees, was omitted as covered by section 2001 et seq. of this title.

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

Words of said section 113, "against a single defendant, inhabitant of such State, must be brought in the district where he resides" were omitted as covered by section 1991 of this title.

Words of section 116 of title 28, U. S. C., 1940 ed., "land or other subject matter of a fixed character” were deleted and the word "property" substituted for flexibility and uniformity. (See sections 754, 1692, of this title and reviser's notes thereunder.)

Words of said section 116, "and the court in which it 18 brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as fully as if the said subject matter were wholly within the district for which such court is constituted" were omitted as surplusage and fully covered by Rule 4 of the Federal Rules of Civil Procedure. Said rule also covers the following omitted language: "A duplicate writ may be issued against the defendants, directed to the marshal of any other district in which any defendant resides."

Changes were made in phraseology. $ 1393. Divisions; single defendant; defendants in dif.

ferent divisions. (a) Except as otherwise provided, any civil action not of a local nature, against a single defendant in a district containing more than one division must be

than one division must be brought in the division where he resides.

(b) Any such action, against defendants residing in different divisions of the same district or different districts in the same State, may be brought in any of such divisions. (June 25, 1948, ch. 646, 62 Stat. 935.)

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(d) A proceeding in admiralty for the enforcement of fines, penalties and forfeitures against a vessel may be brought in any district in which the vessel is arrested.

(e) Any proceeding for the forfeiture of a vessel or cargo entering a port of entry closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection, or of any vessel or vehicle conveying persons or property to or from such State or section or belonging in whole or in part to a resident thereof, may be prosecuted in any district into which the property is taken and in which the proceeding is instituted. (June 25, 1948, ch. 646, 62 Stat. 936.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., $$ 104, 106, 107, and 108, and section 3745 (c) of title 26, U. S. C., 1940 ed., Internal Revenue Code (Mar. 3, 1911,

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