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28 U.S.C. § 2113 — Definition
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the terms “State court”, “State courts”, and “highest court of a State” include the District of Columbia Court of Appeals.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2113-for-purposes-of-this-chapter-the-terms-state-court-state-courts-and-high--023f8188d4.md
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Source location: Title 28, Chapter 133, § 2113; chapter-133-review-miscellaneous-provisions.md
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For purposes of this chapter, the terms “State court”, “State courts”, and “highest court of a State” include the District of Columbia Court of Appeals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.
**(b)** For the purposes of this section, the term “highest court of a State” includes the District of Columbia Court of Appeals.
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Federal law — U.S. Code and appendices · legal_authorities
Page 515
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2113
1 So in original.
2 So in original. Probably should be capitalized.
of the agency, board, commission, or officer con-
cerned if needed for the transaction of the public
business. Certified copies of any papers included
in the record or any supplemental record may
also be returned to the agency, board, commis-
sion, or officer concerned upon the final deter-
mination of review or enforcement proceedings.
(d) The provisions of this section are not appli-
cable to proceedings to review decisions of the
Tax Court of the United States or to proceedings
to review or enforce those orders of administra-
tive agencies, boards, commissions, or officers
which are by law reviewable or enforceable by
the district courts.
(Added Pub. L. 85–791, § 2, Aug. 28, 1958, 72 Stat.
941; amended Pub. L. 89–773, § 5(a), (b), Nov. 6,
1966, 80 Stat. 1323; Pub. L. 100–236, § 1, Jan. 8, 1988,
101 Stat. 1731.)
Editorial Notes
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–236 substituted ‘‘If pro-
ceedings are instituted in two or more courts of appeals
with respect to the same order, the following shall
apply:’’ and pars. (1) to (5) for ‘‘If proceedings have been
instituted in two or more courts of appeals with respect
to the same order the agency, board, commission, or of-
ficer concerned shall file the record in that one of such
courts in which a proceeding with respect to such order
was first instituted. The other courts in which such
proceedings are pending shall thereupon transfer them
to the court of appeals in which the record has been
filed. For the convenience of the parties in the interest
of justice such court may thereafter transfer all the
proceedings with respect to such order to any other
court of appeals
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