2016 US Code
Title 28 - Judiciary and Judicial Procedure
Part IV - Jurisdiction and Venue
Chapter 85 - District Courts; Jurisdiction
Sec. 1342 - Rate orders of State agencies
| 28 U.S.C. § 1342 (2016) |
| §1342. Rate orders of State agencies |
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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. |
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(June 25, 1948, ch. 646, 62 Stat. 932.) |
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HISTORICAL AND REVISION NOTES
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.S.C., 1940 ed. Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1345, 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. |
| United States Code, 2012 Edition, Supplement 4, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION Sec. 1342 - Rate orders of State agencies |
| section 1342 |
| 2016 |
| January 6, 2017 |
| Yes |
| standard |
| 36 Stat. 1091 48 Stat. 775 50 Stat. 738 54 Stat. 143 62 Stat. 932 |
