FEDERAL · 28 U.S.C. · Chapter 85
Rate orders of State agencies
28 U.S.C. § 1342
Title28 — Judiciary and Judicial Procedure
Chapter85 — DISTRICT COURTS; JURISDICTION
This text of 28 U.S.C. § 1342 (Rate orders of State agencies) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
28 U.S.C. § 1342.
Text
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.
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Source Credit
History
(June 25, 1948, ch. 646, 62 Stat. 932.)
Editorial Notes
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.
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.
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Bluebook (online)
28 U.S.C. § 1342, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/1342.