28 U.S.C. § 1291

Historical and Revision Notes

section 1356 of title 48Mar. 3, 1911, ch. 231, § 128 36 Stat. 1133 Aug. 24, 1912, ch. 390, § 9 37 Stat. 566 Jan. 28, 1915, ch. 22, § 2 38 Stat. 804 Feb. 7, 1925, ch. 150 43 Stat. 813 Sept. 21, 1922, ch. 370, § 3 42 Stat. 1006 Feb. 13, 1925, ch. 229, § 1 43 Stat. 936 Jan. 31, 1928, ch. 14, § 1 45 Stat. 54 May 17, 1932, ch. 190 47 Stat. 158 Feb. 16, 1933, ch. 91, § 3 47 Stat. 817 May 31, 1935, ch. 160 49 Stat. 313 June 20, 1938, ch. 526 52 Stat. 779 Aug. 2, 1946, ch. 753, § 412(a)(1) 60 Stat. 844 Based on title 28, U.S.C., 1940 ed., §§ 225(a), 933(a)(1), and , U.S.C., 1940 ed., Territories and Insular Possessions, and sections 61 and 62 of title 7 of the Canal Zone Code (, ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ).

section 225(a) of title 28section 1356 of title 48This section rephrases and simplifies paragraphs “First”, “Second”, and “Third” of , U.S.C., 1940 ed., which referred to each Territory and Possession separately, and to sections 61 and 62 of the Canal Zone Code, section 933(a)(1) of said title relating to jurisdiction of appeals in tort claims cases, and the provisions of , U.S.C., 1940 ed., relating to jurisdiction of appeals from final judgments of the district court for the Canal Zone.

section 451 of this titleThe district courts for the districts of Hawaii and Puerto Rico are embraced in the term “district courts of the United States.” (See definitive .)

section 225(a) of title 28section 1293 of this titleParagraph “Fourth” of , U.S.C., 1940 ed., is incorporated in .

section 411 of this titleWords “Fifth. In the United States Court for China, in all cases” in said section 225(a) were omitted. (See reviser’s note under .)

section 1356 of title 48section 1295 of this titleVenue provisions of , U.S.C., 1940 ed., are incorporated in .

Section 61 of title 7 of the Canal Zone Code is also incorporated in sections 1291 and 1295 of this title.

In addition to the jurisdiction conferred by this chapter, the courts of appeals also have appellate jurisdiction in proceedings under Title 11, Bankruptcy, and jurisdiction to review:

(1) Orders of the Secretary of the Treasury denying an application for, suspending, revoking, or annulling a basic permit under chapter 8 of title 27;

(2) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce;

(3) Orders of the Secretary of the Army under sections 504, 505 and 516 of title 33, U.S.C., 1940 ed., Navigation and Navigable Waters;

(4) Orders of the Civil Aeronautics Board under chapter 9 of title 49, except orders as to foreign air carriers which are subject to the President’s approval;

(5) Orders under chapter 1 of title 7, refusing to designate boards of trade as contract markets or suspending or revoking such designations, or excluding persons from trading in contract markets;

(6) Orders of the Federal Power Commission under chapter 12 of title 16;

section 371(e) of title 21(7) Orders of the Federal Security Administrator under , in a case of actual controversy as to the validity of any such order, by any person adversely affected thereby;

(8) Orders of the Federal Power Commission under chapter 15B of title 15;

(9) Final orders of the National Labor Relations Board;

section 193 of title 7(10) Cease and desist orders under ;

(11) Orders of the Securities and Exchange Commission;

section 1599 of title 7(12) Orders to cease and desist from violating ;

section 208 of title 29(13) Wage orders of the Administrator of the Wage and Hour Division of the Department of Labor under ;

(14) Orders under sections 81r and 1641 of title 19, U.S.C., 1940 ed., Customs Duties.

The courts of appeals also have jurisdiction to enforce:

(1) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System, and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce;

(2) Final orders of the National Labor Relations Board;

section 1599 of title 7(3) Orders to cease and desist from violating .

section 576 of title 39The Court of Appeals for the District of Columbia also has jurisdiction to review orders of the Post Office Department under relating to discriminations in sending second-class publications by freight; Maritime Commission orders denying transfer to foreign registry of vessels under subsidy contract; sugar allotment orders; decisions of the Federal Communications Commission granting or refusing applications for construction permits for radio stations, or for radio station licenses, or for renewal or modification of radio station licenses, or suspending any radio operator’s license.

Changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 97–164, § 1241982—, inserted “(other than the United States Court of Appeals for the Federal Circuit)” after “The court of appeals” and inserted provision that the jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title.

Pub. L. 85–508section 81A of this title1958— struck out provisions which gave courts of appeals jurisdiction of appeals from District Court for Territory of Alaska. See which establishes a United States District Court for the State of Alaska.

Oct. 31, 19511951—Act , inserted reference to District Court of Guam.

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Pub. L. 97–164Oct. 1, 1982section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1958 Amendment

Pub. L. 85–508Jan. 3, 1959Jan. 3, 1959Pub. L. 85–508section 81A of this titlesection 21 of Title 48Amendment by effective , on admission of Alaska into the Union pursuant to Proc. No. 3269, , 24 F.R. 81, 73 Stat. c.16 as required by sections 1 and 8(c) of , see notes set out under and preceding , Territories and Insular Possessions.

Termination of United States District Court for the District of the Canal Zone

Oct. 1, 1979Mar. 31, 1982Pub. L. 96–70, title IISept. 27, 197993 Stat. 493 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 , and ending midnight , see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of , , , formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.