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28 U.S.C. § 1398 — Interstate Commerce Commission’s orders
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by law, a civil action brought under [section 1336(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1336/a&num=0&edition=prelim) 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.
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Stable record: federal_law:legal_authorities:record_usc_e85270f24b2e7f1678a4d5ef
Source file: Laws/federal/codes/united-states-code/title-28/section-1398-interstate-commerce-commissions-orders--9842138d81.md
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Passage SHA-256: 174c99d5eefaed42961f0b1f9588bc5d8c7c0597ed3541ab1ac5f623a27af52e
Source location: Title 28, Chapter 87, § 1398; chapter-087-district-courts-venue.md
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**(a)** Except as otherwise provided by law, a civil action brought under [section 1336(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1336/a&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
**(b)** Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 43
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1302
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 171
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Surface Transportation Board shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title.
**(b)** The procedure in the district courts in actions to enforce, in whole or in part, any order of the Surface Transportation Board other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter.
**(c)** The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in enforcement actions and actions to collect civil penalties under subtitle IV of title 49, run, be served and be returnable anywhere in the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2321
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Federal law — U.S. Code and appendices · legal_authorities
Page 388
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1396
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., §§ 104, 106, 107, and
108, and section 3745(c) of title 26, U.S.C., 1940 ed., Inter-
nal Revenue Code (Mar. 3, 1911, ch. 231, §§ 43, 45, 46, 47,
36 Stat. 1100; Feb. 10, 1939, ch. 2, § 3745(c), 53 Stat. 460).
This section consolidates section 3745(c) of title 26,
U.S.C., 1940 ed., with sections 104, 106, 107, and 108 of
title 28, U.S.C., 1940 ed., relating to venue in civil pro-
ceedings to recover and enforce civil fines, penalties,
and forfeitures, pecuniary or otherwise. Subsection (a)
is based on said section 104 of title 28 and said section
3745(c) of title 26. Subsections (b) and (c) consolidate
such sections 106 and 107 of title 28. Subsection (e) is
based on such section 108 of title 28.
Subsection (b) substituted words ‘‘may be prosecuted
in any district where such property is found’’ for ‘‘shall
be prosecuted in the district where the seizure is
made,’’ to include not only property seized, but also all
other property subject to forfeiture.
Words ‘‘civil’’ and ‘‘fine’’ were inserted to make this
section applicable to the many provisions of the United
States Code for fines essentially civil. (See reviser’s
note under section 1355 of this title.)
Provisions of section 3745(c) of title 26, U.S.C., 1940
ed., that such suit may be brought ‘‘before any other
court of competent jurisdiction’’ were omitted as mis-
leading surplusage, since United States district courts,
under section 1355 of this title, have exclusive jurisdic-
tion.
Subsection (d) was added for completeness and clar-
ity.
Changes were made in phraseology.
SENATE REVISION AMENDMENT
While section 3745(c) of Title 26, U.S.C., Internal Rev-
enue Code, is o
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1398
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