§ 407. — Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys' fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC407]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS
Sec. 407. Order for payment of money; petition for enforcement;
procedure; order of Commission as prima facie evidence; costs;
attorneys' fees
If a carrier does not comply with an order for the payment of money
within the time limit in such order, the complainant, or any person for
whose benefit such order was made, may file in the district court of the
United States for the district in which he resides or in which is
located the principal operating office of the carrier, or through which
the line of the carrier runs, or in any State court of general
jurisdiction having jurisdiction of the parties, a petition setting
forth briefly the causes for which he claims damages, and the order of
the Commission in the premises. Such suit in the district court of the
United States shall proceed in all respects like other civil suits for
damages, except that on the trial of such suits the findings and order
of the Commission shall be prima facie evidence of the facts therein
stated, except that the petitioner shall not be liable for costs in the
district court nor for costs at any subsequent stage of the proceedings
unless they accrue upon his appeal. If the petitioner shall finally
prevail, he shall be allowed a reasonable attorney's fee, to be taxed
and collected as a part of the costs of the suit.
(June 19, 1934, ch. 652, title IV, Sec. 407, 48 Stat. 1095.)
