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section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 102(c) of Pub. L. 102-572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102-572, set out as a note under section 905 of Title 2, The Congress. Amendment by section 902(b)(1) of Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-622 applicable to all United States patents granted before, on, or after Nov. 8, 1984, and to all applications for United States patents pending on or filed after that date, except as otherwise provided, see section 106 of Pub. L. 98-622, set out as a note under section 103 of Title 35, Patents. Amendment by Pub. L. 98-622 effective three months after Nov. 8, 1984, see section 207 of Pub. L. 98-622, set out as a note under section 41 of Title 35. EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as an Effective Date of 1982 Amendment note under section 171 of this title. -TRANS- ABOLITION OF TEMPORARY EMERGENCY COURT OF APPEALS Section 102(d), (e) of Pub. L. 102-572 provided that: "(d) Abolition of Court. - The Temporary Emergency Court of Appeals created by section 211(b) of the Economic Stabilization Act of 1970 [Pub. L. 91-379, formerly set out as a note under section 1904 of Title 12, Banks and Banking] is abolished, effective 6 months after the date of the enactment of this Act [Oct. 29, 1992]. "(e) Pending Cases. - (1) Any appeal which, before the effective date of abolition described in subsection (d), is pending in the Temporary Emergency Court of Appeals but has not been submitted to a panel of such court as of that date shall be assigned to the United States Court of Appeals for the Federal Circuit as though the appeal had originally been filed in that court. "(2) Any case which, before the effective date of abolition described in subsection (d), has been submitted to a panel of the Temporary Emergency Court of Appeals and as to which the mandate has not been issued as of that date shall remain with that panel for all purposes and, notwithstanding the provisions of sections 291 and 292 of title 28, United States Code, that panel shall be assigned to the United States Court of Appeals for the Federal Circuit for the purpose of deciding such case." TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1291, 1292, 1294 of this title; title 41 section 607. -End- -CITE- 28 USC Sec. 1296 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 83 - COURTS OF APPEALS -HEAD- Sec. 1296. Review of certain agency actions -STATUTE- (a) Jurisdiction. - Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of - (1) an appropriate agency (as determined under section 454 of title 3); (2) the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding section 7123 of title 5; or (3) the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3. (b) Filing of Petition. - Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision. -SOURCE- (Added Pub. L. 104-331, Sec. 3(a)(1), Oct. 26, 1996, 110 Stat. 4068.) -MISC1- PRIOR PROVISIONS A prior section 1296, added Pub. L. 97-164, title I, Sec. 127(a), Apr. 2, 1982, 96 Stat. 39, related to precedence of cases in United States Court of Appeals for the Federal Circuit, prior to repeal by Pub. L. 98-620, title IV, Sec. 402(29)(C), Nov. 8, 1984, 98 Stat. 3359. EFFECTIVE DATE Section 3(d) of Pub. L. 104-331 provided that: "The amendments made by this section [enacting this section and sections 1413 and 3901 to 3908 of this title and amending sections 1346 and 2402 of this title] shall take effect on October 1, 1997." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3902, 3903, 3905 of this title; title 3 sections 425, 435, 451, 454 of this title. -End- -CITE- 28 USC CHAPTER 85 - DISTRICT COURTS; JURISDICTION 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- CHAPTER 85 - DISTRICT COURTS; JURISDICTION -MISC1- Sec. 1330. Actions against foreign states. 1331. Federal question. 1332. Diversity of citizenship; amount in controversy; costs. 1333. Admiralty, maritime and prize cases. 1334. Bankruptcy cases and proceedings. 1335. Interpleader. 1336. Surface Transportation Board's orders. 1337. Commerce and antitrust regulations; amount in controversy, costs. 1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition. 1339. Postal matters. 1340. Internal revenue; customs duties. 1341. Taxes by States. 1342. Rate orders of State agencies. 1343. Civil rights and elective franchise. 1344. Election disputes. 1345. United States as plaintiff. 1346. United States as defendant. 1347. Partition action where United States is joint tenant. 1348. Banking association as party. 1349. Corporation organized under federal law as party. 1350. Alien's action for tort. 1351. Consuls, vice consuls, and members of a diplomatic mission as defendant. 1352. Bonds executed under federal law. 1353. Indian allotments. 1354. Land grants from different states. 1355. Fine, penalty or forfeiture. 1356. Seizures not within admiralty and maritime jurisdiction. 1357. Injuries under Federal laws. 1358. Eminent domain. 1359. Parties collusively joined or made. 1360. State civil jurisdiction in actions to which Indians are parties. 1361. Action to compel an officer of the United States to perform his duty. 1362. Indian tribes. 1363. Jurors' employment rights. 1364. Direct actions against insurers of members of diplomatic missions and their families. 1365. Senate actions. 1366. Construction of references to laws of the United States or Acts of Congress. 1367. Supplemental jurisdiction. 1368. Counterclaims in unfair practices in international trade. 1369. Multiparty, multiforum jurisdiction. AMENDMENTS 2002 - Pub. L. 107-273, div. C, title I, Sec. 11020(b)(1)(B), Nov. 2, 2002, 116 Stat. 1827, added item 1369. 1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec. 3009(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-552, substituted "trademarks" for "trade-marks" in item 1338. 1998 - Pub. L. 105-304, title V, Sec. 503(b)(2)(B), Oct. 28, 1998, 112 Stat. 2917, inserted "designs," after "mask works," in item 1338. 1995 - Pub. L. 104-88, title III, Sec. 305(a)(4), Dec. 29, 1995, 109 Stat. 944, substituted "Surface Transportation Board's" for "Interstate Commerce Commission's" in item 1336. 1994 - Pub. L. 103-465, title III, Sec. 321(b)(3)(B), Dec. 8, 1994, 108 Stat. 4947, added item 1368. 1990 - Pub. L. 101-650, title III, Sec. 310(b), Dec. 1, 1990, 104 Stat. 5114, added item 1367. 1988 - Pub. L. 100-702, title X, Sec. 1020(a)(7), Nov. 19, 1988, 102 Stat. 4672, substituted "Actions" for "Action" in item 1330, inserted a period after "question" in item 1331, substituted "plant variety protection, copyrights, mask works, trade-marks," for "copyrights, and trade-marks" in item 1338, and inserted "and elective franchise" in item 1343. 1986 - Pub. L. 99-336, Sec. 6(a)(1)(A), June 19, 1986, 100 Stat. 638, renumbered item 1364 "Senate actions" and item 1364 "Construction of references to laws of the United States or Acts of Congress" as items 1365 and 1366, respectively. 1984 - Pub. L. 98-353, title I, Sec. 101(b), July 10, 1984, 98 Stat. 333, substituted "cases" for "matters" in item 1334. 1980 - Pub. L. 96-486, Sec. 2(b), Dec. 1, 1980, 94 Stat. 2369, struck out "; amount in controversy; costs." after "question" in item 1331. 1978 - Pub. L. 95-598, title II, Sec. 238(b), Nov. 6, 1978, 92 Stat. 2668, directed the substitution of "Bankruptcy appeals" for "Bankruptcy matters and proceedings" in item 1334, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Pub. L. 95-572, Sec. 6(b)(2), Nov. 2, 1978, 92 Stat. 2457, added item 1363 and redesignated former item 1363 "Construction of references to laws of the United States or Acts of Congress", as 1364. Pub. L. 95-521, title VII, Sec. 705(f)(2), Oct. 26, 1978, 92 Stat. 1880, added item 1364 "Senate actions". Pub. L. 95-486, Sec. 9(c), Oct. 20, 1978, 92 Stat. 1634, substituted "Commerce and antitrust regulations; amount in controversy, costs" for "Commerce and antitrust regulations" in item 1337. Pub. L. 95-393, Secs. 7(b), 8(a)(2), Sept. 30, 1978, 92 Stat. 810, substituted "Consuls, vice consuls, and members of a diplomatic mission as defendant" for "Consuls and vice consuls as defendants" in item 1351 and added item 1364 "Direct actions against insurers of members of diplomatic missions and their families". 1976 - Pub. L. 94-583, Sec. 2(b), Oct. 21, 1976, 90 Stat. 2891, added item 1330. 1970 - Pub. L. 91-358, title I, Sec. 172(c)(2), July 29, 1970, 84 Stat. 591, added item 1363. 1966 - Pub. L. 89-635, Sec. 2, Oct. 10, 1966, 80 Stat. 880, added item 1362. 1962 - Pub. L. 87-748, Sec. 1(b), Oct. 5, 1962, 76 Stat. 744, added item 1361. 1958 - Pub. L. 85-554, Sec. 4, July 25, 1958, 72 Stat. 415, inserted "costs" in items 1331 and 1332. 1953 - Act Aug. 15, 1953, ch. 505, Sec. 3, 67 Stat. 589, added item 1360. -End- -CITE- 28 USC Sec. 1330 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1330. Actions against foreign states -STATUTE- (a) The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity either under sections 1605-1607 of this title or under any applicable international agreement. (b) Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title. (c) For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in sections 1605-1607 of this title. -SOURCE- (Added Pub. L. 94-583, Sec. 2(a), Oct. 21, 1976, 90 Stat. 2891.) -MISC1- EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94-583, set out as a note under section 1602 of this title. -End- -CITE- 28 USC Sec. 1331 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1331. Federal question -STATUTE- The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 930; Pub. L. 85-554, Sec. 1, July 25, 1958, 72 Stat. 415; Pub. L. 94-574, Sec. 2, Oct. 21, 1976, 90 Stat. 2721; Pub. L. 96-486, Sec. 2(a), Dec. 1, 1980, 94 Stat. 2369.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911, ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 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., Secs. 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 1980 - Pub. L. 96-486 struck out "; amount in controversy; costs" in section catchline, struck out minimum amount in controversy requirement of $10,000 for original jurisdiction in federal question cases which necessitated striking the exception to such required minimum amount that authorized original jurisdiction in actions brought against the United States, any agency thereof, or any officer or employee thereof in an official capacity, struck out provision authorizing the district court except where express provision therefore was made in a federal statute to deny costs to a plaintiff and in fact impose such costs upon such plaintiff where plaintiff was adjudged to be entitled to recover less than the required amount in controversy, computed without regard to set-off or counterclaim and exclusive of interests and costs, and struck out existing subsection designations. 1976 - Subsec. (a). Pub. L. 94-574 struck out $10,000 jurisdictional amount where action is brought against the United States, any agency thereof, or any officer or employee thereof in his official capacity. 1958 - Pub. L. 85-554 included costs in section catchline, designated existing provisions as subsec. (a), substituted "$10,000" for "$3,000", and added subsec. (b). EFFECTIVE DATE OF 1980 AMENDMENT; APPLICABILITY Section 4 of Pub. L. 96-486 provided: "This Act [amending this section and section 2072 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1 of this title] shall apply to any civil action pending on the date of enactment of this Act [Dec. 1, 1980]." 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]." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1441 of this title; title 15 section 2064; title 21 section 1603; title 22 section 6082; title 25 sections 415, 416a; title 42 section 405; title 49 section 10709. -End- -CITE- 28 USC Sec. 1332 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1332. Diversity of citizenship; amount in controversy; costs -STATUTE- (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between - (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States. For the purposes of this section, section 1335, and section 1441, an alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such alien is domiciled. (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 $75,000, 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 - (1) a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business, except 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 incorporated and of the State where it has its principal place of business; and (2) the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent, and the legal representative of an infant or incompetent shall be deemed to be a citizen only of the same State as the infant or incompetent. (d) The word "States", as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 930; July 26, 1956, ch. 740, 70 Stat. 658; Pub. L. 85-554, Sec. 2, July 25, 1958, 72 Stat. 415; Pub. L. 88-439, Sec. 1, Aug. 14, 1964, 78 Stat. 445; Pub. L. 94-583, Sec. 3, Oct. 21, 1976, 90 Stat. 2891; Pub. L. 100-702, title II, Secs. 201(a), 202(a), 203(a), Nov. 19, 1988, 102 Stat. 4646; Pub. L. 104-317, title II, Sec. 205(a), Oct. 19, 1996, 110 Stat. 3850.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911, ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 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. Secs. 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 Hawaii, 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 Hawaii 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

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