28 U.S.C. § 1293 — Untitled legal text

Page 358 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE [§ 1293 ed., nevertheless subsection (2) of the revised section does not except such court. Thus in conformity with the last sentence of section 864, title 48, U.S.C., 1940 ed. For distribution of said section 864, see Distribution Table. Section 61 of title 7 of the Canal Zone Code is also in- corporated in sections 1291 and 1294 of this title. Editorial Notes AMENDMENTS 1992—Subsec. (d)(2). Pub. L. 102–572, §§ 902(b)(1), 906(c), substituted ‘‘When the chief judge of the United States Court of Federal Claims issues an order under section 798(b) of this title, or when any judge of the United States Court of Federal Claims’’ for ‘‘When any judge of the United States Claims Court’’. Subsec. (d)(3). Pub. L. 102–572, § 902(b)(2), substituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ in two places. Subsec. (d)(4). Pub. L. 102–572, § 902(b), substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ in subpar. (A) and ‘‘Court of Fed- eral Claims’’ for ‘‘Claims Court’’ in two places in sub- par. (B). Subsec. (e). Pub. L. 102–572, § 101, added subsec. (e). 1988—Subsec. (d)(4). Pub. L. 100–702 added par. (4). 1984—Subsec. (b). Pub. L. 98–620, § 412(a), inserted ‘‘which would have jurisdiction of an appeal of such ac- tion’’ after ‘‘The Court of Appeals’’. Subsec. (c)(1). Pub. L. 98–620, § 412(b), inserted ‘‘or (b)’’ after ‘‘(a)’’. 1982—Subsec. (a). Pub. L. 97–164, § 125(a)(1), sub- stituted ‘‘Except as provided in subsections (c) and (d) of this section, the courts’’ for ‘‘The courts’’ in intro- ductory provisions. Subsec. (a)(4). Pub. L. 97–164, § 125(a)(2), (3), struck out par. (4) which related to judgments in civil actions for patent infringement which were final except for ac- counting. Subsecs. (c), (d). Pub. L. 97–164, § 125(b), added subsecs. (c) and (d). 1958—Pub. L. 85–919 designated existing provisions as subsec. (a) and added subsec. (b). Par. (1). Pub. L. 85–508 struck out reference to Dis- trict Court for Territory of Alaska. See section 81A of this title which established a United States District Court for the State of Alaska. 1951—Par. (1). Act Oct. 31, 1951, inserted reference to District Court of Guam. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 101 of Pub. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. Amendment by sections 902(b) and 906(c) of 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 1988 AMENDMENT Pub. L. 100–702, title V, § 502, Nov. 19, 1988, 102 Stat. 4652, provided that: ‘‘The amendment made by section 501 [amending this section] shall apply to any action commenced in the district court on or after the date of enactment of this title [Nov. 19, 1988].’’ 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 1958 AMENDMENT Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para- graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 3831 and 3841 to 3843 of Title 22, For- eign Relations and Intercourse. [§ 1293. Repealed. Pub. L. 87–189, § 3, Aug. 30, 1961, 75 Stat. 417] Section, acts June 25, 1948, ch. 646, 62 Stat. 929; Mar. 18, 1959, Pub. L. 86–3, § 14(b), 73 Stat. 10, provided for ap- peal from supreme court of Puerto Rico to court of ap- peals for first circuit. See section 1258 of this title. A subsequent section 1293, added Pub. L. 95–598, title II, § 236(a), Nov. 6, 1978, 92 Stat. 2667, which related to bankruptcy appeals, did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. § 1294. Circuits in which decisions reviewable Except as provided in sections 1292(c), 1292(d), and 1295 of this title, appeals from reviewable decisions of the district and territorial courts shall be taken to the courts of appeals as fol- lows: (1) From a district court of the United States to the court of appeals for the circuit embracing the district; (2) From the United States District Court for the District of the Canal Zone, to the Court of Appeals for the Fifth Circuit; (3) From the District Court of the Virgin Is- lands, to the Court of Appeals for the Third Cir- cuit; (4) From the District Court of Guam, to the Court of Appeals for the Ninth Circuit. (June 25, 1948, ch. 646, 62 Stat. 930; Oct. 31, 1951, ch. 655, § 50(a), 65 Stat. 727; Pub. L. 85–508, § 12(g), July 7, 1958, 72 Stat. 348; Pub. L. 86–3, § 14(c), Mar. 18, 1959, 73 Stat. 10; Pub. L. 87–189, § 5, Aug. 30, 1961, 75 Stat. 417; Pub. L. 95–598, title II, § 237, Nov. 6, 1978, 92 Stat. 2667; Pub. L. 97–164, title I, § 126, Apr. 2, 1982, 96 Stat. 37.) HISTORICAL AND REVISION NOTES Based on section 1141(b)(1)(2)(3) of title 26, U.S.C., 1940 ed., Internal Revenue Code, title 28, U.S.C., 1940 ed., § 225(d) and sections 645, 864, 865, 1356, and 1392 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and section 61 of title 7 of the Canal Zone Code (Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85; Mar. 3, 1911, ch. 231, § 128, 36 Stat. 1133; Aug. 24, 1912, ch. 390, § 9, 37 Stat. 566; Mar. 2, 1917, ch. 145, §§ 42, 43, 39 Stat. 966; Mar. 3, 1917, ch. 171, § 2, 39 Stat. 1132; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006; Feb. 13, 1925, ch. 229, §§ 1, 13, 43 Stat. 936, 942; Feb. 26, 1926, ch. 27, § 1002, 44 Stat. 110; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Feb. 16, 1933, ch. 91, § 3, 47 Stat. 817; May 10, 1934, ch. 277, § 519, 48 Stat. 760; Feb. 10, 1939, ch. 2, § 1141(b)(1)(2)(3), 53 Stat. 164). Section consolidates the venue provisions of sections 645, 864, 1356, and 1392 of title 48, U.S.C., 1940 ed., Terri- tories and Insular Possessions with sections 1141(b)(1)(2)(3) to title 26, U.S.C., 1940 ed., Internal Rev- enue and sections 225(d) and 865 of said title 48. Other provisions of said section 864, not incorporated in this section and sections 41 and 119 of this title, were re-