28 U.S.C. · Judiciary and Judicial Procedure
28 U.S.C. § 1342

Rate orders of State agencies

Ch. 85 — District Courts — Powers
Title 28 U.S.C. ● ACTIVE Primary Source Ch. 85
Statutory Text

28 U.S.C. § 1342 — Rate orders of State agencies

U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE 28 U.S.C. United States Code, 2023 Edition Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION Sec. 1342 - Rate orders of State agencies From the U.S. Government Publishing Office, www.gpo.gov

§1342. Rate orders of State agencies

The district courts shall not enjoin, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision, where: (1) Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and, (2) The order does not interfere with interstate commerce; and, (3) The order has been made after reasonable notice and hearing; and, (4) A plain, speedy and efficient remedy may be had in the courts of such State.

(June 25, 1948, ch. 646, 62 Stat. 932.)

Historical and Revision Notes Based on title 28, U.S.C., 1940 ed., §41(1) (Mar. 3, 1911, ch. 231, §24, par. 1, 36 Stat. 1091; 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). This section rearranges and restates the fourth sentence of section 41(1) of title 28, U.S.C., 1940 ed. Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1345, 1354, and 1359 of this title. Words "at law or in equity" before "in the courts of such State" were omitted as unnecessary. Words "civil action" were substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure. Word "operation" was substituted for "enforcement, operation or execution" for the same reason.

Source: uscode.house.gov — public domain Official Source ↗
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