§ 1294. — Circuits in which decisions reviewable.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1294]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 83--COURTS OF APPEALS
Sec. 1294. Circuits in which decisions reviewable
Except as provided in sections 1292(c), 1292(d), and 1295 of this
title, appeals from reviewable decisions of the district and territorial
courts shall be taken to the courts of appeals as follows:
(1) From a district court of the United States to the court of
appeals for the circuit embracing the district;
(2) From the United States District Court for the District of the
Canal Zone, to the Court of Appeals for the Fifth Circuit;
(3) From the District Court of the Virgin Islands, to the Court of
Appeals for the Third Circuit;
(4) From the District Court of Guam, to the Court of Appeals for the
Ninth Circuit.
(June 25, 1948, ch. 646, 62 Stat. 930; Oct. 31, 1951, ch. 655,
Sec. 50(a), 65 Stat. 727; Pub. L. 85-508, Sec. 12(g), July 7, 1958, 72
Stat. 348; Pub. L. 86-3, Sec. 14(c), Mar. 18, 1959, 73 Stat. 10; Pub. L.
87-189, Sec. 5, Aug. 30, 1961, 75 Stat. 417; Pub. L. 95-598, title II,
Sec. 237, Nov. 6, 1978, 92 Stat. 2667; Pub. L. 97-164, title I,
Sec. 126, Apr. 2, 1982, 96 Stat. 37.)
Historical and Revision Notes
Based on section 1141(b)(1)(2)(3) of title 26, U.S.C., 1940 ed.,
Internal Revenue Code, title 28, U.S.C., 1940 ed., Sec. 225(d) and
sections 645, 864, 865, 1356, and 1392 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions, and section 61 of title 7 of the
Canal Zone Code (Apr. 12, 1900, ch. 191, Sec. 35, 31 Stat. 85; Mar. 3,
1911, ch. 231, Sec. 128, 36 Stat. 1133; Aug. 24, 1912, ch. 390, Sec. 9,
37 Stat. 566; Mar. 2, 1917, ch. 145, Secs. 42, 43, 39 Stat. 966; Mar. 3,
1917, ch. 171, Sec. 2, 39 Stat. 1132; Sept. 21, 1922, ch. 370, Sec. 3,
42 Stat. 1006; Feb. 13, 1925, ch. 229, Secs. 1, 13, 43 Stat. 936, 942;
Feb. 26, 1926, ch. 27, Sec. 1002, 44 Stat. 110; 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 10, 1934, ch. 277, Sec. 519, 48 Stat.
760; Feb. 10, 1939, ch. 2, Sec. 1141(b)(1)(2)(3), 53 Stat. 164).
Section consolidates the venue provisions of sections 645, 864,
1356, and 1392 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions with sections 1141(b)(1)(2)(3) to title 26, U.S.C., 1940
ed., Internal Revenue and sections 225(d) and 865 of said title 48.
Other provisions of said section 864, not incorporated in this section
and sections 41 and 119 of this title, were retained in title 48. Other
provisions of said section 1356 are incorporated in section 1291 of this
title. Other provisions of said section 1392 were also retained in title
48.
Paragraph (3) of section 1141(b) of title 26, U.S.C., 1940 ed., was
omitted as executed. It made such subsection applicable to all decisions
of the Board of Tax Appeals (Tax Court) rendered on and after May 10,
1934.
Provisions of section 225(d) of title 28, U.S.C., 1940 ed., for
review of the decisions of the United States Court for China were
omitted. (See reviser's note under section 411 of this title.)
Subsection (b) rephrases and rearranges the relevant provisions of
section 1141(b)(1)(2)(3) of title 26, U.S.C., 1940 ed.
Specific reference to the United States district courts for the
districts of Hawaii, Puerto Rico and District of Columbia was omitted as
unnecessary, these courts being embraced in the definition of ``a
district court of the United States'' contained in section 451 of this
title.
Administrative orders, referred to in reviser's note under section
1291 of this title, are reviewable and enforceable in the following
circuits:
Orders Reviewable
(1) Alcoholic permit orders--in the District of Columbia or in the
circuit where the applicant or permittee resides or has his principal
place of business;
(2) Antitrust and unfair trade orders--in the circuit where unlawful
act occurred or petitioner resides or carries on business;
(3) Bridge alteration; cost orders--in the circuit where bridge is
wholly or partly located;
(4) Civil aeronautics orders--in the District of Columbia or circuit
where petitioner resides or has his principal place of business;
(5) Commodity exchange orders--in the circuit where board of trade
has its principal place of business or in circuit where petitioner for
review of exclusion order carries on business;
(6) Electric and water power orders--in the District of Columbia or
circuit where licensee or public utility to which order relates is
located or has its principal place of business;
(7) Food, drug and cosmetic orders--in the circuit where person
adversely affected resides or has his principal place of business;
(8) Gas orders--in the District of Columbia or circuit where company
to which order relates is located or has its principal place of
business;
(9) National Labor Relations Board's final orders--in the District
of Columbia or circuit where unfair labor practice occurred or violator
resides or transacts business;
(10) Packers cease and desist orders--in the circuit where packer
has his principal place of business;
(11) Radio license decisions--in the District of Columbia;
(12) Securities and Exchange Commission orders--in the District of
Columbia or circuit where petitioner resides or has his principal place
of business;
(13) Seed orders--in the circuit where violator resides or has his
principal place of business;
(14) Wage orders--in the District of Columbia or circuit where
petitioner resides or has his principal place of business;
(15) Foreign Trade Zones Board orders--in the circuit where the Zone
is located;
(16) Customhouse broker licenses--in circuit where applicant or
licensee resides or has his principal place of business.
Orders Enforceable
(1) Antitrust and unfair trade orders--in the circuit where unlawful
act occurred or person allegedly committing unlawful act resides or
carries on business;
(2) National Labor Relations Board's final orders--in the circuit
where unfair labor practice occurred or violator resides or transacts
business;
(3) Seed orders--in the circuit where violator resides or has his
principal place of business.
Section 61 of title 7 of the Canal Zone Code is also incorporated in
sections 1291 and 1292 of this title.
Changes were made in phraseology.
By Senate amendment, this section was renumbered ``1294'', and
subsec. (b), which related to the Tax Court, was eliminated. Therefore,
as finally enacted, section 1141(b)(1)(2)(3) of Title 26, U.S.C.,
Internal Revenue Code 1939, was not one of the sources of this section.
The Senate amendments also eliminated section 1141 of the Internal
Revenue Code 1939 from the schedule of repeals. See Senate Report No.
1559.
Amendments
1982--Pub. L. 97-164 substituted ``Except as provided in sections
1292(c), 1292(d), and 1295 of this title, appeals from reviewable
decisions'' for ``Appeals from reviewable decisions'' in introductory
provisions.
1978--Pub. L. 95-598 directed the amendment of section by
substituting ``district, bankruptcy, and territorial'' for ``district
and territorial'' and by adding pars. (5) and (6) relating to panels
designated under section 160(a) of this title and bankruptcy courts,
respectively, which amendment did not become effective pursuant to
section 402(b) of Pub. L. 95-598, as amended, set out as an Effective
Date note preceding section 101 of Title 11, Bankruptcy.
1961--Pars. (4), (5). Pub. L. 87-189 redesignated par. (5) as (4)
and repealed former par. (4) which provided that appeals from the
Supreme Court of Puerto Rico should be taken to the Court of Appeals for
the First Circuit. See section 1258 of this title.
1959--Pars. (4) to (6). Pub. L. 86-3 redesignated pars. (5) and (6)
as (4) and (5), respectively, and repealed former par. (4) which
provided that appeals from the Supreme Court of Hawaii should be taken
to the Court of Appeals for the Ninth Circuit. See section 91 of this
title and notes thereunder.
1958--Par. (2). Pub. L. 85-508 redesignated par. (3) as (2) and
repealed former par. (2) which provided that appeals from the District
Court for the Territory of Alaska or any division thereof should be
taken to the Court of Appeals for the Ninth Circuit. See section 81A of
this title which establishes a United States District Court for the
State of Alaska.
Pars. (3) to (7). Pub. L. 85-508 redesignated pars. (4) to (7) as
(3) to (6), respectively.
1951--Par. (7). Act Oct. 31, 1951, added par. (7).
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 1959 Amendment
Amendment by Pub. L. 86-3 effective on admission of State of Hawaii
into the Union, see note set out under section 91 of this title.
Admission of Hawaii into the Union was accomplished Aug. 25, 1959, on
issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74,
as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73
Stat. 4, set out as notes preceding section 491 of Title 48, Territories
and Insular Possessions.
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. c16, 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 section 1295 of this title; title 15
sections 77v, 78aa, 79y, 80a-43, 80b-14; title 45 sections 719, 743,
1105.
