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28 U.S.C. § 1359 — Parties collusively joined or made
Federal law — U.S. Code and appendices · legal_authorities
A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court.
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Source location: Title 28, Chapter 85, § 1359; chapter-085-district-courts-jurisdiction.md
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A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court.
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Federal law — U.S. Code and appendices · legal_authorities
Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the payment of just costs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.
**(b)** It may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court.
**(c)** A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case.
**(d)** An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise.
**(e)** If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.
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Federal law — U.S. Code and appendices · legal_authorities
Page 380
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1359
HISTORICAL AND REVISION NOTES
Based on section 257 of title 40, U.S.C., 1940 ed., Public
Buildings, Property, and Works (Aug. 1, 1888, ch. 728, § 1,
25 Stat. 357; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167).
The venue provisions of section 257 of title 40, U.S.C.,
1940 ed., are incorporated in section 1403 of this title.
Other provisions of section 257 of title 40, U.S.C., 1940
ed., are retained in said title 40.
Changes were made in phraseology.
§ 1359. Parties collusively joined or made
A district court shall not have jurisdiction of
a civil action in which any party, by assignment
or otherwise, has been improperly or collusively
made or joined to invoke the jurisdiction of such
court.
(June 25, 1948, ch. 646, 62 Stat. 935.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed. §§ 41(1) and 80 (Mar.
3, 1911, ch. 231, §§ 24(1), 37, 36 Stat. 1091, 1098; May 14,
1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50
Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C.,
1940 ed., are incorporated in sections 1331, 1332, 1341,
1342, 1345, and 1354 of this title.
Provisions of section 80 of title 28, U.S.C., 1940 ed., for
payment of costs upon dismissal of an action for lack
of jurisdiction are incorporated in section 1919 of this
title. Other provisions of said section 80 appear in sec-
tion 1447 of this title.
Provisions of section 80 of title 28, U.S.C., 1940 ed., for
dismissal of an action not really and substantially in-
volving a dispute or controversy within the jurisdiction
of a district court, were omitted as unnecessary. Any
court will dismiss a case not within its jurisdiction
when its attention is dr
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