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have been commenced in a court of the United States absent jurisdiction under this section, the district court shall abstain from hearing such proceeding if an action is commenced, and can be timely adjudicated, in a State forum of appropriate jurisdiction. (d) Any decision to abstain or not to abstain made under this subsection (!1) (other than a decision not to abstain in a proceeding described in subsection (c)(2)) is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title. This subsection (!1) shall not be construed to limit the applicability of the stay provided for by section 362 of title 11, United States Code, as such section applies to an action affecting the property of the estate in bankruptcy. (e) The district court in which a case under title 11 is commenced or is pending shall have exclusive jurisdiction of all of the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95-598, title II, Sec. 238(a), Nov. 6, 1978, 92 Stat. 2667; Pub. L. 98-353, title I, Sec. 101(a), July 10, 1984, 98 Stat. 333; Pub. L. 99-554, title I, Sec. 144(e), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 101-650, title III, Sec. 309(b), Dec. 1, 1990, 104 Stat. 5113; Pub. L. 103-394, title I, Sec. 104(b), Oct. 22, 1994, 108 Stat. 4109.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 41(19) and 371(6) (Mar. 3, 1911, ch. 231, Secs. 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160). Changes in phraseology were made. AMENDMENTS 1994 - Subsecs. (c)(2), (d). Pub. L. 103-394, Sec. 104(b)(2), inserted "(other than a decision not to abstain in a proceeding described in subsection (c)(2))" after "subsection" in second sentence of subsec. (c)(2) and designated that sentence and third sentence of subsec. (c)(2) as subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 103-394, Sec. 104(b)(1), redesignated subsec. (d) as (e). 1990 - Subsec. (c)(2). Pub. L. 101-650 inserted in second sentence "or not to abstain" after "to abstain" and "by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title" before period at end. 1986 - Subsec. (d). Pub. L. 99-554 substituted "and of property of the estate" for "and of the estate". 1984 - Pub. L. 98-353 in amending section generally, substituted "cases" for "matters" in section catchline, designated existing provision as subsec. (a), and in subsec. (a) as so designated, substituted "Except as provided in subsection (b) of this section, the district" for "The district" and "original and exclusive jurisdiction of all cases under title 11" for "original jurisdiction, exclusive of the courts of the States, of all matters and proceedings in bankruptcy", and added subsecs. (b) to (d). 1978 - Pub. L. 95-598 directed the general amendment of section to relate to bankruptcy appeals, 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a note under section 101 of Title 11. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99-554, set out as a note under section 581 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-353 effective July 10, 1984, except that subsec. (c)(2) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on July 10, 1984, or to proceedings arising in or related to such cases, see section 122(a), (b) of Pub. L. 98-353, set out as an Effective Date note under section 151 of this title. JURISDICTION OVER AND TRANSFER OF BANKRUPTCY CASES AND PROCEEDINGS Section 115 of Pub. L. 98-353 provided that: "(a) On the date of the enactment of this Act [July 10, 1984] the appropriate district court of the United States shall have jurisdiction of - "(1) cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11, Bankruptcy] that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687) [formerly set out as a note preceding section 151 of this title], and "(2) cases under title 11 of the United States Code, and proceedings arising under title 11 of the United States Code or arising in or related to cases under title 11 of the United States Code, that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687). "(b) On the date of the enactment of this Act [July 10, 1984], there shall be transferred to the appropriate district court of the United States appeals from final judgments, orders, and decrees of the bankruptcy courts pending immediately before such date in the bankruptcy appellate panels appointed under section 405(c) of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2685) [formerly set out as a note preceding section 1471 of this title]." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 156, 157, 1452 of this title. -FOOTNOTE- (!1) So in original. Probably should be a reference to subsection (c). See 1994 Amendment note below. -End- -CITE- 28 USC Sec. 1335 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1335. Interpleader -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 931.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(26) (Mar. 3, 1911, ch. 231, Sec. 24, par. 26, as added Jan. 20, 1936, ch. 13, Sec. 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 affidavit 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 to 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1332, 1397, 2361 of this title. -End- -CITE- 28 USC Sec. 1336 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1336. Surface Transportation Board's orders -STATUTE- (a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Surface Transportation Board, and to enjoin or suspend, in whole or in part, any order of the Surface Transportation Board for the payment of money or the collection of fines, penalties, and forfeitures. (b) When a district court or the United States Court of Federal Claims refers a question or issue to the Surface Transportation Board for determination, the court which referred the question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Surface Transportation Board 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 Surface Transportation Board becomes final. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 88-513, Sec. 1, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93-584, Sec. 1, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97-164, title I, Sec. 128, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-88, title III, Sec. 305(a)(1), (2), Dec. 29, 1995, 109 Stat. 944.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(27), (28) (Mar. 3, 1911, ch. 231, Secs. 24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22, 1913, ch. 32, 38 Stat. 219). Words "Except as otherwise provided by enactment of 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 1995 - Pub. L. 104-88 substituted "Surface Transportation Board's" for "Interstate Commerce Commission's" in section catchline and "Surface Transportation Board" for "Interstate Commerce Commission" wherever appearing in text. 1992 - Subsec. (b). Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court". 1982 - Subsec. (b). Pub. L. 97-164 substituted "United States Claims Court" for "Court of Claims". 1975 - Subsec. (a). Pub. L. 93-584 substituted provisions that the district courts shall have jurisdiction of civil actions to enforce, in whole or in part, orders of the Interstate Commerce Commission, and to enjoin or suspend, in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeitures, for provisions that the district courts shall have jurisdiction of civil actions to enforce, enjoin, set aside, annul or suspend, in whole or in part, any order of the Interstate Commerce Commission. 1964 - Pub. L. 88-513 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of Pub. L. 104-88, set out as an Effective Date note under section 701 of Title 49, Transportation. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by 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 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-584 not applicable to actions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93-584, set out as a note under section 2321 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1398 of this title. -End- -CITE- 28 USC Sec. 1337 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1337. Commerce and antitrust regulations; amount in controversy, costs -STATUTE- (a) 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: Provided, however, That the district courts shall have original jurisdiction of an action brought under section 11706 or 14706 of title 49, only if the matter in controversy for each receipt or bill of lading exceeds $10,000, exclusive of interest and costs. (b) Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 11706 or 14706 of title 49, 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 any interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. (c) The district courts shall not have jurisdiction under this section of any matter within the exclusive jurisdiction of the Court of International Trade under chapter 95 of this title. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95-486, Sec. 9(a), Oct. 20, 1978, 92 Stat. 1633; Pub. L. 96-417, title V, Sec. 505, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97-449, Sec. 5(f), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 104-88, title III, Sec. 305(a)(3), Dec. 29, 1995, 109 Stat. 944.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(8), (23) (Mar. 3, 1911, ch. 231, Sec. 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. AMENDMENTS 1995 - Subsecs. (a), (b). Pub. L. 104-88 substituted "11706 or 14706" for "11707". 1983 - Pub. L. 97-449 substituted "section 11707 of title 49" for "section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319)" wherever appearing. 1980 - Subsec. (c). Pub. L. 96-417 added subsec. (c). 1978 - Pub. L. 95-486 designated existing provisions as subsec. (a), inserted proviso giving the district courts original jurisdiction of actions brought under sections 20(11) and 219 of the Interstate Commerce Act when the amounts in controversy for each receipt exceed $10,000, exclusive of interests and costs, and added subsec. (b). EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of Pub. L. 104-88, set out as an Effective Date note under section 701 of Title 49, Transportation. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as a note under section 251 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 21 section 1603; title 41 sections 607, 609; title 49 section 10709. -End- -CITE- 28 USC Sec. 1338 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition -STATUTE- (a) The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection 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, plant variety protection or trademark laws. (c) Subsections (a) and (b) apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 91-577, title III, Sec. 143(b), Dec. 24, 1970, 84 Stat. 1559; Pub. L. 100-702, title X, Sec. 1020(a)(4), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105-304, title V, Sec. 503(b)(1), (2)(A), Oct. 28, 1998, 112 Stat. 2917; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec. 3009(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-551.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 41(7) and 371(5) (Mar. 3, 1911, ch. 231, Secs. 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). AMENDMENTS 1999 - Pub. L. 106-113 substituted "trademarks" for "trade-marks" in section catchline and subsec. (a) and substituted "trademark" for "trade-mark" in subsec. (b). 1998 - Pub. L. 105-304, Sec. 503(b)(2)(A), inserted "designs," after "mask works," in section catchline. Subsec. (c). Pub. L. 105-304, Sec. 503(b)(1), inserted ", and to exclusive rights in designs under chapter 13 of title 17," after "title 17". 1988 - Pub. L. 100-702, Sec. 1020(a)(4)(B), amended section catchline generally, inserting "mask works," after "copyrights,". Subsec. (c). Pub. L. 100-702, Sec. 1020(a)(4)(A), added subsec. (c). 1970 - Pub. L. 91-577 inserted references to "plant variety protection" in section catchline and in subsecs. (a) and (b). EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-577 effective Dec. 24, 1970, see section 141 of Pub. L. 91-577, set out as an Effective Date note under section 2321 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1295 of this title; title 35 sections 315, 317. -End- -CITE- 28 USC Sec. 1339 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1339. Postal matters -STATUTE- The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to the postal service. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 932.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(6) (Mar. 3, 1911, ch. 231, Sec. 24, par. 6, 36 Stat. 1092). Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1340 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1340. Internal revenue; customs duties -STATUTE- 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 Court of International Trade. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 932; Pub. L. 96-417, title V, Sec. 501(21), Oct. 10, 1980, 94 Stat. 1742.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(5) (Mar. 3, 1911, ch. 231, Sec. 24, par. 5, 36 Stat. 1092; Mar. 2, 1929, ch. 488, Sec. 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"

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