§ 2321. Judicial review of Board’s orders and decisions; procedure generally; process

713 words·~3 min read·/usc/title-28/section-2321

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Surface Transportation Board shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title.

(b)The procedure in the district courts in actions to enforce, in whole or in part, any order of the Surface Transportation Board other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter.

(c)The orders, writs, and process of the district courts may, in the cases specified in subsection

(b)and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49, run, be served and be returnable anywhere in the United States.

(June 25, 1948, ch. 646, 62 Stat. 969; May 24, 1949, ch. 139, § 115, 63 Stat. 105; Pub. L. 93–584, § 5, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 95–473, § 2(a)(3)(B), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 104–88, title III, § 305(c)(1)(B), (C), Dec. 29, 1995, 109 Stat. 945.)

Historical and Revision Notes

1948 Act

Based on title 28, U.S.C., 1940 ed., § 44 (Oct. 22, 1913, ch. 32, 38 Stat. 220.)

Word “actions” was substituted for “cases,” in view of rule 2 of the Federal Rules of Civil Procedure.

The exception as to procedure in the infliction of criminal punishment was omitted as unnecessary, as Title 18, U.S.C., Crimes and Criminal Procedure, and the Federal Rules of Criminal Procedure govern procedure in criminal matters.

Changes were made in phraseology.

1949 Act

This section corrects, in section 2321 of title 28, U.S.C., the reference to certain sections in title 49, U.S.C. The provisions which were formerly set out as section 49 of such title 49, are now set out as section 23 of such title.

Connections22 cite this · traces to 2

Cited by 22 sections · top 14

U.S. Code

statutes-at-large

Public Law 93–584
To improve judicial machinery by amending title 28, United States Code, with respect to judicial review of decisions of the Interstate Commerce Commission and for other purposes

Traces to 2 documents

U.S. Code

27 references not yet in our index

June 25, 1948, ch. 646
62 Stat. 969
May 24, 1949, ch. 139, § 115
63 Stat. 105
Pub. L. 93–584, § 5
88 Stat. 1917
Pub. L. 95–473, § 2(a)(3)(B)
92 Stat. 1465
Pub. L. 104–88, title III, § 305(c)(1)(B)
109 Stat. 945
Oct. 22, 1913, ch. 32
38 Stat. 220
Pub. L. 104–88
Pub. L. 95–473
section 20 of the Act of February 4, 1887
24 Stat. 386
49 U.S.C. 20
section 23 of the Act of May 16, 1942
56 Stat. 301
49 U.S.C. 23
section 3 of the Act of February 19, 1903
32 Stat. 848
49 U.S.C. 43
Pub. L. 93–584
section 2 of Pub. L. 104–88
Pub. L. 93–584, § 10
88 Stat. 1918

Citation graph

cites case law

§ 2321

Judicial review of Board’s orders and decisions; procedure generally; process

U.S.C.×11

Fed. Reg.×9

Stat.×2

U.S.C.§ 2321

U.S.C.§ 1301

ActJune 25, 1948, ch. 646

Stat.62 Stat. 969

ActMay 24, 1949, ch. 139, § 115

Stat.63 Stat. 105

Pub. L.Pub. L. 93–584, § 5

Cites 29 · showing 7Cited by 22 across 3 sources