June 25, 1948, ch. 64662 Stat. 939Pub. L. 85–554, § 572 Stat. 415Pub. L. 95–473, § 2(a)(3)(A)92 Stat. 1465Pub. L. 95–486, § 9(b)92 Stat. 1634Pub. L. 103–322, title IV, § 40302(e)(5)108 Stat. 1942Pub. L. 104–88, title III, § 305(b)109 Stat. 944Pub. L. 104–287, § 3110 Stat. 3388(, ; , , ; , , ; , , ; , , ; , , ; , , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 231, § 2836 Stat. 1094Jan. 20, 1914, ch. 1138 Stat. 278Jan. 31, 1928, ch. 14, § 145 Stat. 54Based on title 28, U.S.C., 1940 ed., § 71 (, ; , ; , ).
section 1442 of this titleThe words “or its receivers or trustees” were inserted in both subsections to make clear that nonremovable actions against a carrier do not become removable under when filed against court receivers or trustees.
act of Aug. 23, 1916, ch. 39939 Stat. 532section 76 of title 28This was the unquestioned rule prior to the , , amending , U.S.C., 1940 ed., and permitting removal of actions against officers of United States courts. The cases are in conflict as to whether under that amendment the case becomes removable when the carrier is in receivership or undergoing reorganization. The revised section resolves the conflict by denying the right of removal to receivers and trustees where it would be nonexistent if the carrier were the party defendant. Thus the subject matter rather than legalistic distinctions as to the identity of the parties is made determinative consideration.
section 71 of title 28A reference in , U.S.C., 1940 ed., to sections 51–59 of title 45, U.S.C., 1940 ed., Railroads, was changed to “51–60.” Such sections 51–59 embraced all of chapter 2 of said title 45 when the law on which such section 71 is based was enacted, but a new section (60) was added in 1939.
section 71 of title 28section 1441 of this titleOther provisions of , U.S.C., 1940 ed., appear in .
Changes were made in phraseology.
Editorial Notes
References in Text
section 40302 of title IV of Pub. L. 103–322section 12361 of Title 34Section 40302 of the Violence Against Women Act of 1994, referred to in subsec. (d), is , which is classified to , Crime Control and Law Enforcement.
Amendments
Pub. L. 104–28745 U.S.C. 51–541996—Subsec. (a). substituted “sections 1–4 and 5–10 of the Act of (, 55–60)” for “sections 51–60 of Title 45”.
Pub. L. 104–881995—Subsec. (b). substituted “carrier” for “common carrier” and “11706 or 14706” for “11707”.
Pub. L. 103–3221994—Subsec. (d). added subsec. (d).
Pub. L. 95–4861978—Subsec. (b). substituted “$10,000” for “$3,000”.
Pub. L. 95–473section 11707 of title 49section 20 of Title 49 substituted “” for “”.
Pub. L. 85–5541958— substituted “Nonremovable actions” for “Carriers; nonremovable actions” in section catchline and added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–287section 8(1) of Pub. L. 104–287section 5303 of Title 49Amendment by effective , see , set out as a note under , Transportation.
Effective Date of 1995 Amendment
Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of Title 49Amendment by effective , see , set out as an Effective Date note under , Transportation.
Effective Date of 1958 Amendment
Pub. L. 85–554section 3 of Pub. L. 85–554section 1331 of this titleAmendment by applicable only in the case of actions commenced after , see , set out as a note under .