28 U.S.C. § 2353 — Untitled legal text

Page 594 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2350 tion’’ are omitted as unnecessary. In the last sentence, the word ‘‘applies’’ is substituted for ‘‘shall apply’’. Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–620 struck out provisions that the hearing on an application for an interlocutory injunction be given preference and expedited and heard at the earliest practicable date after the expiration of the notice of hearing on the application, and that on the final hearing of any proceeding to review any order under this chapter, the same requirements as to prece- dence and expedition was to apply. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620 set out as an Effective Date note under section 1657 of this title. § 2350. Review in Supreme Court on certiorari or certification (a) An order granting or denying an interlocu- tory injunction under section 2349(b) of this title and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by section 1254(1) of this title. Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari. (b) The provisions of section 1254(2) of this title, regarding certification, and of section 2101(f) of this title, regarding stays, also apply to proceedings under this chapter. (Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624; amended Pub. L. 100–352, § 5(e), June 27, 1988, 102 Stat. 663.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 1040. Dec. 29, 1950, ch. 1189, § 10, 64 Stat. 1132. The words ‘‘of the United States’’ following ‘‘Su- preme Court’’ are omitted as unnecessary because the term ‘‘Supreme Court’’ as used in title 28 means the Supreme Court of the United States. The words ‘‘section 2101(f) of this title’’ are sub- stituted for ‘‘section 2101(e) of Title 28’’ on authority of the Act of May 24, 1949, ch. 139, § 106(b), 63 Stat. 104, which redesignated subsection (e) of section 2101 as sub- section (f). Editorial Notes AMENDMENTS 1988—Subsec. (b). Pub. L. 100–352 substituted ‘‘1254(2)’’ for ‘‘1254(3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effec- tive date or affect right to review or manner of review- ing judgment or decree of court which was entered be- fore such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of this title. § 2351. Enforcement of orders by district courts The several district courts have jurisdiction specifically to enforce, and to enjoin and re- strain any person from violating any order issued under section 193 of title 7. (Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 1042. Dec. 29, 1950, ch. 1189, § 12, 64 Stat. 1132. The words ‘‘United States’’ preceding ‘‘district court’’ are omitted as unnecessary because the term ‘‘district court’’ as used in title 28 means a United States district court. See section 451 of title 28, United States Code. The words ‘‘have jurisdiction’’ are sub- stituted for ‘‘are vested with jurisdiction’’. The words ‘‘heretofore or hereafter’’ following ‘‘order’’ are omit- ted as unnecessary and any existing rights and liabil- ities are preserved by technical sections 7 and 8. [§ 2352. Repealed. Pub. L. 89–773, § 4, Nov. 6, 1966, 80 Stat. 1323] Section, Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624, directed the several courts of appeals to adopt and promulgate rules, subject to the approval of the Judi- cial Conference of the United States, governing the practice and procedure, including prehearing con- ference procedure, in proceedings to review orders under this chapter. See section 2072 of this title. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 89–773, § 4, Nov. 6, 1966, 80 Stat. 1323, provided in part that the repeal of this section shall not operate to invalidate or repeal rules adopted under the author- ity of this section prior to the enactment of Pub. L. 89–773, which rules shall remain in effect until super- seded by rules prescribed under authority of section 2072 of this title as amended by Pub. L. 89–773. [§ 2353. Repealed. Pub. L. 97–164, title I, § 138, Apr. 2, 1982, 96 Stat. 42] Section, added Pub. L. 91–577, title III, § 143(c), Dec. 24, 1970, 84 Stat. 1559, gave the court of appeals non- exclusive jurisdiction to hear appeals under section 71 of the Plant Variety Protection Act (7 U.S.C. 2461). See section 1295(a)(8) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title. CHAPTER 159—INTERPLEADER Sec. 2361. Process and procedure. § 2361. Process and procedure In any civil action of interpleader or in the na- ture of interpleader under section 1335 of this title, a district court may issue its process for all claimants and enter its order restraining