§ 1398. — Interstate Commerce Commission's orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1398]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 87--DISTRICT COURTS; VENUE
Sec. 1398. Interstate Commerce Commission's orders
(a) Except as otherwise provided by law, a civil action brought
under section 1336(a) of this title shall be brought only in a judicial
district in which any of the parties bringing the action resides or has
its principal office.
(b) A civil action to enforce, enjoin, set aside, annul, or suspend,
in whole or in part, an order of the Interstate Commerce Commission made
pursuant to the referral of a question or issue by a district court or
by the United States Court of Federal Claims, shall be brought only in
the court which referred the question or issue.
(June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 88-513, Sec. 2, Aug. 30,
1964, 78 Stat. 695; Pub. L. 93-584, Sec. 2, Jan. 2, 1975, 88 Stat. 1917;
Pub. L. 97-164, title I, Sec. 130, Apr. 2, 1982, 96 Stat. 39; Pub. L.
102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 43 (Oct. 22, 1913, ch. 32,
38 Stat. 219).
This section is completely rewritten to give effect to changes
recommended by the Judicial Conference of the United States.
Section 43 of title 28, U.S.C., 1940 ed., is as follows:
``Sec. 43. Venue of suits relating to orders of Interstate Commerce
Commission.
``The venue of any suit brought to enforce, suspend, or set aside,
in whole or in part, any order of the Interstate Commerce Commission
shall be in the judicial district wherein is the residence of the party
or any of the parties upon whose petition the order was made, except
that where the order does not relate to transportation or is not made
upon the petition of any party the venue shall be in the district where
the matter complained of in the petition before the commission arises,
and except that where the order does not relate either to transportation
or to a matter so complained of before the commission the matter covered
by the order shall be deemed to arise in the district where one of the
petitioners in court has either its principal office or its principal
operating office. In case such transportation relates to a through
shipment the term `destination' shall be construed as meaning final
destination of such shipment.'' The amendment of section 207 of title
28, U.S.C., 1940 ed., proposed by the Judicial Conference is:
``Except as otherwise provided in the Act entitled `An Act to
Regulate Commerce', approved February 4, 1887, as amended, the venue of
any suit brought to enforce, suspend, or set aside, in whole or in part,
any order of the Interstate Commerce Commission shall be in the judicial
district wherein is the residence of the party or any of the parties
bringing the suit or wherein such party or any of such parties has its
principal office.''
The revised section substitutes the words ``Except as otherwise
provided by law'' for the words of the conference bill, ``in the act
entitled `An Act to Regulate Commerce, approved February 4, 1887, as
amended' ''. (See section 16 of title 49, U.S.C., 1940 ed., which
provides for jurisdiction and venue of actions to enforce Interstate
Commerce Commission orders for the payment of money.)
Amendments
1992--Subsec. (b). Pub. L. 102-572 substituted ``United States Court
of Federal Claims'' for ``United States Claims Court''.
1982--Subsec. (b). Pub. L. 97-164 substituted ``United States Claims
Court'' for ``Court of Claims''.
1975--Subsec. (a). Pub. L. 93-584 substituted provisions that civil
actions under section 1336(a) of this title shall be brought only in a
judicial district in which any of the parties bringing the action
resides or has its principal office, for provisions that civil actions
to enforce, suspend, or set aside in whole or in part orders of the
Interstate Commerce Commission shall be brought in such judicial
district.
1964--Pub. L. 88-513 designated existing provisions as subsec. (a)
and added subsec. (b).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
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 1975 Amendment
Amendment by Pub. L. 93-584 not applicable to actions commenced on
or before last day of first month beginning after Jan. 2, 1975, and
actions to enjoin or suspend orders of Interstate Commerce Commission
which are pending when this amendment becomes effective shall not be
affected thereby, but shall proceed to final disposition under the law
existing on the date they were commenced, see section 10 of Pub. L. 93-
584, set out as a note under section 2321 of this title.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission
transferred, except as otherwise provided in Pub. L. 104-88, to Surface
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49,
Transportation, and section 101 of Pub. L. 104-88, set out as a note
under section 701 of Title 49. References to Interstate Commerce
Commission deemed to refer to Surface Transportation Board, a member or
employee of the Board, or Secretary of Transportation, as appropriate,
see section 205 of Pub. L. 104-88, set out as a note under section 701
of Title 49.
