28 U.S.C. § 1342 | Rate orders of State agencies

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

Mar. 3, 1911, ch. 231, § 24 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 Based on title 28, U.S.C., 1940 ed., § 41(1) (, par. 1, ; , ; , ; , ).

section 41(1) of title 28This section rearranges and restates the fourth sentence of , U.S.C., 1940 ed.

section 41(1) of title 28Other provisions of , 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.