28-U.S.C.-1342
§1342 – Rate Orders of State Agencies
Pathway
Title 28 > Part IV > Chapter 85 > Section 1342
Details
- Reference: Section 1342
- Legend: §1342 – Rate Orders of State Agencies
- USCode Year: 2013
Provision Content
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.)
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.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1331 in the Legal Encyclopedia: Judiciary
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28-U.S.C.-1296 in the Legal Encyclopedia: Jurisdiction
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28-U.S.C.-1339 in the Legal Encyclopedia: District Courts
In this entry about 28-U.S.C.-1339, find legal reference material, bibliographies and premiere content related to district courts in the American Encyclopedia of Law, presenting a comprehensive view of the United States district courts-specific issues, written by authorities in the field.
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