§ 1291. — Final decisions of district courts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1291]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 83--COURTS OF APPEALS
Sec. 1291. Final decisions of district courts
The courts of appeals (other than the United States Court of Appeals
for the Federal Circuit) shall have jurisdiction of appeals from all
final decisions of the district courts of the United States, the United
States District Court for the District of the Canal Zone, the District
Court of Guam, and the District Court of the Virgin Islands, except
where a direct review may be had in the Supreme Court. 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.
(June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, Sec. 48,
65 Stat. 726; Pub. L. 85-508, Sec. 12(e), July 7, 1958, 72 Stat. 348;
Pub. L. 97-164, title I, Sec. 124, Apr. 2, 1982, 96 Stat. 36.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 225(a), 933(a)(1), and
section 1356 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions, and sections 61 and 62 of title 7 of the Canal Zone Code
(Mar. 3, 1911, ch. 231, Sec. 128, 36 Stat. 1133; Aug. 24, 1912, ch. 390,
Sec. 9, 37 Stat. 566; Jan. 28, 1915, ch. 22, Sec. 2, 38 Stat. 804; Feb.
7, 1925, ch. 150, 43 Stat. 813; Sept. 21, 1922, ch. 370, Sec. 3, 42
Stat. 1006; Feb. 13, 1925, ch. 229, Sec. 1, 43 Stat. 936; Jan. 31, 1928,
ch. 14, Sec. 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Feb.
16, 1933, ch. 91, Sec. 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,
Sec. 412(a)(1), 60 Stat. 844).
This section rephrases and simplifies paragraphs ``First'',
``Second'', and ``Third'' of section 225(a) of title 28, 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 section 1356 of title 48, U.S.C., 1940 ed., relating to
jurisdiction of appeals from final judgments of the district court for
the Canal Zone.
The district courts for the districts of Hawaii and Puerto Rico are
embraced in the term ``district courts of the United States.'' (See
definitive section 451 of this title.)
Paragraph ``Fourth'' of section 225(a) of title 28, U.S.C., 1940
ed., is incorporated in section 1293 of this title.
Words ``Fifth. In the United States Court for China, in all cases''
in said section 225(a) were omitted. (See reviser's note under section
411 of this title.)
Venue provisions of section 1356 of title 48, U.S.C., 1940 ed., are
incorporated in section 1295 of this title.
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;
(7) Orders of the Federal Security Administrator under section
371(e) of title 21, 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;
(10) Cease and desist orders under section 193 of title 7;
(11) Orders of the Securities and Exchange Commission;
(12) Orders to cease and desist from violating section 1599 of title
7;
(13) Wage orders of the Administrator of the Wage and Hour Division
of the Department of Labor under section 208 of title 29;
(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;
(3) Orders to cease and desist from violating section 1599 of title
7.
The Court of Appeals for the District of Columbia also has
jurisdiction to review orders of the Post Office Department under
section 576 of title 39 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.
Amendments
1982--Pub. L. 97-164, Sec. 124, 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.
1958--Pub. L. 85-508 struck out provisions which gave courts of
appeals jurisdiction of appeals from District Court for Territory of
Alaska. See section 81A of this title which establishes a United States
District Court for the State of Alaska.
1951--Act Oct. 31, 1951, inserted reference to District Court of
Guam.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R.
81, 73 Stat. c.16 as required by sections 1 and 8(c) of Pub. L. 85-508,
see notes set out under section 81A of this title and preceding section
21 of Title 48, Territories and Insular Possessions.
Termination of United States District Court for the District of the
Canal Zone
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 Oct. 1, 1979, and ending midnight Mar. 31, 1982,
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27,
1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to
3843, respectively, of Title 22, Foreign Relations and Intercourse.
Section Referred to in Other Sections
This section is referred to in sections 1295, 1334, 1452, 2072 of
this title; title 11 section 305; title 15 sections 29, 57b-1, 78aa,
79y, 80a-43, 80b-14, 1314, 1719; title 16 sections 825p, 1456; title 18
section 3145; title 31 section 3733; title 39 section 3016; title 42
section 2000e-5; title 45 sections 153, 719, 743, 1105; title 50 App.
section 17.
