-CITE-

28 USC CHAPTER 83 - COURTS OF APPEALS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 83 - COURTS OF APPEALS

-HEAD-

CHAPTER 83 - COURTS OF APPEALS

-MISC1-

Sec.

1291. Final decisions of district courts.

1292. Interlocutory decisions.

[1293. Repealed.]

1294. Circuits in which decisions reviewable.

1295. Jurisdiction of the United States Court of Appeals for

the Federal Circuit.

1296. Review of certain agency actions.

AMENDMENTS

1996 - Pub. L. 104-331, Sec. 3(a)(2), Oct. 26, 1996, 110 Stat.

4069, added item 1296.

1984 - Pub. L. 98-620, title IV, Sec. 402(29)(C), Nov. 8, 1984,

98 Stat. 3359, struck out item 1296 "Precedence of cases in the

United States Court of Appeals for the Federal Circuit".

1982 - Pub. L. 97-164, title I, Sec. 127(b), Apr. 2, 1982, 96

Stat. 39, added items 1295 and 1296.

1978 - Pub. L. 95-598, title II, Sec. 236(b), Nov. 6, 1978, 92

Stat. 2667, directed the addition of item 1293, "Bankruptcy

appeals", which amendment 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.

1961 - Pub. L. 87-189, Sec. 4, Aug. 30, 1961, 75 Stat. 417,

struck out item 1293 "Final decisions of Puerto Rico and Hawaii

Supreme Courts".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 22 section 1631e; title 29

sections 1813, 1853, 1854; title 42 section 300gg-22.

-End-

-CITE-

28 USC Sec. 1291 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 83 - COURTS OF APPEALS

-HEAD-

Sec. 1291. Final decisions of district courts

-STATUTE-

The courts of appeals (other than the United States Court of

Appeals for the Federal Circuit) shall have jurisdiction of appeals

from all final decisions of the district courts of the United

States, the United States District Court for the District of the

Canal Zone, the District Court of Guam, and the District Court of

the Virgin Islands, except where a direct review may be had in the

Supreme Court. The jurisdiction of the United States Court of

Appeals for the Federal Circuit shall be limited to the

jurisdiction described in sections 1292(c) and (d) and 1295 of this

title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, Sec.

48, 65 Stat. 726; Pub. L. 85-508, Sec. 12(e), July 7, 1958, 72

Stat. 348; Pub. L. 97-164, title I, Sec. 124, Apr. 2, 1982, 96

Stat. 36.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 225(a), 933(a)(1), and

section 1356 of title 48, U.S.C., 1940 ed., Territories and Insular

Possessions, and sections 61 and 62 of title 7 of the Canal Zone

Code (Mar. 3, 1911, ch. 231, Sec. 128, 36 Stat. 1133; Aug. 24,

1912, ch. 390, Sec. 9, 37 Stat. 566; Jan. 28, 1915, ch. 22, Sec. 2,

38 Stat. 804; Feb. 7, 1925, ch. 150, 43 Stat. 813; Sept. 21, 1922,

ch. 370, Sec. 3, 42 Stat. 1006; Feb. 13, 1925, ch. 229, Sec. 1, 43

Stat. 936; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; May 17,

1932, ch. 190, 47 Stat. 158; Feb. 16, 1933, ch. 91, Sec. 3, 47

Stat. 817; May 31, 1935, ch. 160, 49 Stat. 313; June 20, 1938, ch.

526, 52 Stat. 779; Aug. 2, 1946, ch. 753, Sec. 412(a)(1), 60 Stat.

844).

This section rephrases and simplifies paragraphs "First",

"Second", and "Third" of section 225(a) of title 28, U.S.C., 1940

ed., which referred to each Territory and Possession separately,

and to sections 61 and 62 of the Canal Zone Code, section 933(a)(1)

of said title relating to jurisdiction of appeals in tort claims

cases, and the provisions of section 1356 of title 48, U.S.C., 1940

ed., relating to jurisdiction of appeals from final judgments of

the district court for the Canal Zone.

The district courts for the districts of Hawaii and Puerto Rico

are embraced in the term "district courts of the United States."

(See definitive section 451 of this title.)

Paragraph "Fourth" of section 225(a) of title 28, U.S.C., 1940

ed., is incorporated in section 1293 of this title.

Words "Fifth. In the United States Court for China, in all cases"

in said section 225(a) were omitted. (See reviser's note under

section 411 of this title.)

Venue provisions of section 1356 of title 48, U.S.C., 1940 ed.,

are incorporated in section 1295 of this title.

Section 61 of title 7 of the Canal Zone Code is also incorporated

in sections 1291 and 1295 of this title.

In addition to the jurisdiction conferred by this chapter, the

courts of appeals also have appellate jurisdiction in proceedings

under Title 11, Bankruptcy, and jurisdiction to review:

(1) Orders of the Secretary of the Treasury denying an

application for, suspending, revoking, or annulling a basic permit

under chapter 8 of title 27;

(2) Orders of the Interstate Commerce Commission, the Federal

Communications Commission, the Civil Aeronautics Board, the Board

of Governors of the Federal Reserve System and the Federal Trade

Commission, based on violations of the antitrust laws or unfair or

deceptive acts, methods, or practices in commerce;

(3) Orders of the Secretary of the Army under sections 504, 505

and 516 of title 33, U.S.C., 1940 ed., Navigation and Navigable

Waters;

(4) Orders of the Civil Aeronautics Board under chapter 9 of

title 49, except orders as to foreign air carriers which are

subject to the President's approval;

(5) Orders under chapter 1 of title 7, refusing to designate

boards of trade as contract markets or suspending or revoking such

designations, or excluding persons from trading in contract

markets;

(6) Orders of the Federal Power Commission under chapter 12 of

title 16;

(7) Orders of the Federal Security Administrator under section

371(e) of title 21, in a case of actual controversy as to the

validity of any such order, by any person adversely affected

thereby;

(8) Orders of the Federal Power Commission under chapter 15B of

title 15;

(9) Final orders of the National Labor Relations Board;

(10) Cease and desist orders under section 193 of title 7;

(11) Orders of the Securities and Exchange Commission;

(12) Orders to cease and desist from violating section 1599 of

title 7;

(13) Wage orders of the Administrator of the Wage and Hour

Division of the Department of Labor under section 208 of title 29;

(14) Orders under sections 81r and 1641 of title 19, U.S.C., 1940

ed., Customs Duties.

The courts of appeals also have jurisdiction to enforce:

(1) Orders of the Interstate Commerce Commission, the Federal

Communications Commission, the Civil Aeronautics Board, the Board

of Governors of the Federal Reserve System, and the Federal Trade

Commission, based on violations of the antitrust laws or unfair or

deceptive acts, methods, or practices in commerce;

(2) Final orders of the National Labor Relations Board;

(3) Orders to cease and desist from violating section 1599 of

title 7.

The Court of Appeals for the District of Columbia also has

jurisdiction to review orders of the Post Office Department under

section 576 of title 39 relating to discriminations in sending

second-class publications by freight; Maritime Commission orders

denying transfer to foreign registry of vessels under subsidy

contract; sugar allotment orders; decisions of the Federal

Communications Commission granting or refusing applications for

construction permits for radio stations, or for radio station

licenses, or for renewal or modification of radio station licenses,

or suspending any radio operator's license.

Changes were made in phraseology.

AMENDMENTS

1982 - Pub. L. 97-164, Sec. 124, inserted "(other than the United

States Court of Appeals for the Federal Circuit)" after "The court

of appeals" and inserted provision that the jurisdiction of the

United States Court of Appeals for the Federal Circuit shall be

limited to the jurisdiction described in sections 1292(c) and (d)

and 1295 of this title.

1958 - Pub. L. 85-508 struck out provisions which gave courts of

appeals jurisdiction of appeals from District Court for Territory

of Alaska. See section 81A of this title which establishes a United

States District Court for the State of Alaska.

1951 - Act Oct. 31, 1951, inserted reference to District Court of

Guam.

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. c.16 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.

-TRANS-

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 "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1295, 1334, 1452, 2072 of

this title; title 11 section 305; title 15 sections 29, 57b-1,

78aa, 79y, 80a-43, 80b-14, 1314, 1719; title 16 sections 825p,

1456; title 18 section 3145; title 31 section 3733; title 39

section 3016; title 42 section 2000e-5; title 45 sections 153, 719,

743, 1105; title 50 App. section 17.

-End-

-CITE-

28 USC Sec. 1292 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 83 - COURTS OF APPEALS

-HEAD-

Sec. 1292. Interlocutory decisions

-STATUTE-

(a) Except as provided in subsections (c) and (d) of this

section, the courts of appeals shall have jurisdiction of appeals

from:

(1) Interlocutory orders of the district courts of the United

States, the United States District Court for the District of the

Canal Zone, the District Court of Guam, and the District Court of

the Virgin Islands, or of the judges thereof, granting,

continuing, modifying, refusing or dissolving injunctions, or

refusing to dissolve or modify injunctions, except where a direct

review may be had in the Supreme Court;

(2) Interlocutory orders appointing receivers, or refusing

orders to wind up receiverships or to take steps to accomplish

the purposes thereof, such as directing sales or other disposals

of property;

(3) Interlocutory decrees of such district courts or the judges

thereof determining the rights and liabilities of the parties to

admiralty cases in which appeals from final decrees are allowed.

(b) When a district judge, in making in a civil action an order

not otherwise appealable under this section, shall be of the

opinion that such order involves a controlling question of law as

to which there is substantial ground for difference of opinion and

that an immediate appeal from the order may materially advance the

ultimate termination of the litigation, he shall so state in

writing in such order. The Court of Appeals which would have

jurisdiction of an appeal of such action may thereupon, in its

discretion, permit an appeal to be taken from such order, if

application is made to it within ten days after the entry of the

order: Provided, however, That application for an appeal hereunder

shall not stay proceedings in the district court unless the

district judge or the Court of Appeals or a judge thereof shall so

order.

(c) The United States Court of Appeals for the Federal Circuit

shall have exclusive jurisdiction -

(1) of an appeal from an interlocutory order or decree

described in subsection (a) or (b) of this section in any case

over which the court would have jurisdiction of an appeal under

section 1295 of this title; and

(2) of an appeal from a judgment in a civil action for patent

infringement which would otherwise be appealable to the United

States Court of Appeals for the Federal Circuit and is final

except for an accounting.

(d)(1) When the chief judge of the Court of International Trade

issues an order under the provisions of section 256(b) of this

title, or when any judge of the Court of International Trade, in

issuing any other interlocutory order, includes in the order a

statement that a controlling question of law is involved with

respect to which there is a substantial ground for difference of

opinion and that an immediate appeal from that order may materially

advance the ultimate termination of the litigation, the United

States Court of Appeals for the Federal Circuit may, in its

discretion, permit an appeal to be taken from such order, if

application is made to that Court within ten days after the entry

of such order.

(2) 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, in issuing

an interlocutory order, includes in the order a statement that a

controlling question of law is involved with respect to which there

is a substantial ground for difference of opinion and that an

immediate appeal from that order may materially advance the

ultimate termination of the litigation, the United States Court of

Appeals for the Federal Circuit may, in its discretion, permit an

appeal to be taken from such order, if application is made to that

Court within ten days after the entry of such order.

(3) Neither the application for nor the granting of an appeal

under this subsection shall stay proceedings in the Court of

International Trade or in the Court of Federal Claims, as the case

may be, unless a stay is ordered by a judge of the Court of

International Trade or of the Court of Federal Claims or by the

United States Court of Appeals for the Federal Circuit or a judge

of that court.

(4)(A) The United States Court of Appeals for the Federal Circuit

shall have exclusive jurisdiction of an appeal from an

interlocutory order of a district court of the United States, the

District Court of Guam, the District Court of the Virgin Islands,

or the District Court for the Northern Mariana Islands, granting or

denying, in whole or in part, a motion to transfer an action to the

United States Court of Federal Claims under section 1631 of this

title.

(B) When a motion to transfer an action to the Court of Federal

Claims is filed in a district court, no further proceedings shall

be taken in the district court until 60 days after the court has

ruled upon the motion. If an appeal is taken from the district

court's grant or denial of the motion, proceedings shall be further

stayed until the appeal has been decided by the Court of Appeals

for the Federal Circuit. The stay of proceedings in the district

court shall not bar the granting of preliminary or injunctive

relief, where appropriate and where expedition is reasonably

necessary. However, during the period in which proceedings are

stayed as provided in this subparagraph, no transfer to the Court

of Federal Claims pursuant to the motion shall be carried out.

(e) The Supreme Court may prescribe rules, in accordance with

section 2072 of this title, to provide for an appeal of an

interlocutory decision to the courts of appeals that is not

otherwise provided for under subsection (a), (b), (c), or (d).

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, Sec.

49, 65 Stat. 726; Pub. L. 85-508, Sec. 12(e), July 7, 1958, 72

Stat. 348; Pub. L. 85-919, Sept. 2, 1958, 72 Stat. 1770; Pub. L.

97-164, Sec. 125, Apr. 2, 1982, 96 Stat. 36; Pub. L. 98-620, title

IV, Sec. 412, Nov. 8, 1984, 98 Stat. 3362; Pub. L. 100-702, title

V, Sec. 501, Nov. 19, 1988, 102 Stat. 4652; Pub. L. 102-572, title

I, Sec. 101, title IX, Secs. 902(b), 906(c), Oct. 29, 1992, 106

Stat. 4506, 4516, 4518.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 225(b), 227, 227a, and

section 61 of title 7 of the Canal Zone Code (Mar. 3, 1911, ch.

231, Secs. 128, 129, 36 Stat. 1133, 1134; Feb. 13, 1925, ch. 229,

Sec. 1, 43 Stat. 937; Feb. 28, 1927, ch. 228, 44 Stat. 1261; Apr.

3, 1926, ch. 102, 44 Stat. 233; May 20, 1926, ch. 347, Sec. 13(a),

44 Stat. 587; Apr. 11, 1928, ch. 354, Sec. 1, 45 Stat. 422; May 17,

1932, ch. 190, 47 Stat. 158).

Section consolidates sections 225(b), 227 and part of 227a of

title 28, U.S.C., 1940 ed., with necessary changes in phraseology

to effect the consolidation.

The second paragraph of section 225(b) of title 28, U.S.C., 1940

ed., relating to review of decisions of the district courts, under

section 9 of the Railway Labor Act (section 159 of title 45), was

omitted as covered by section 1291 of this title.

Words in section 227 of title 28, U.S.C., 1940 ed., "or decree,"

after "interlocutory order," were deleted, in view of Rule 65 of

the Federal Rules of Civil Procedure, using only the word "order."

Provisions of sections 227 and 227a of title 28, U.S.C., 1940

ed., relating to stay of proceedings pending appeal were omitted as

superseded by Federal Rules of Civil Procedure, Rule 73.

Provisions of section 227 of title 28, U.S.C., 1940 ed.,

requiring an additional bond by the district court as a condition

of appeal were omitted in view of Federal Rules of Civil Procedure,

Rule 73.

Words in section 227 of title 28, U.S.C., 1940 ed., "and sections

346 and 347 of this title shall apply to such cases in the circuit

courts of appeals as to other cases therein," at the end of the

first sentence of section 227 of title 28, U.S.C., 1940 ed., were

deleted as fully covered by section 1254 of this title, applicable

to any case in a court of appeals. Other procedural provisions of

said section 227 were omitted as covered by section 2101 et seq. of

this title.

In subsection (4), which is based on section 227a of title 28,

U.S.C., 1940 ed., words "civil actions" were substituted for "suits

in equity" and word "judgments" was substituted for "decree," in

view of Rules 2 and 54 of the Federal Rules of Civil Procedure.

The provision of sections 227 and 227a of title 28, U.S.C., 1940

ed., that appeal must be taken within thirty days after entry of

order, decree or judgment is incorporated in section 2107 of this

title.

The provisions of section 227a of title 28, U.S.C., 1940 ed.,

relating to stay of proceedings pending appeal, were omitted as

superseded by Rule 73 of the Federal Rules of Civil Procedure.

The district courts for the districts of Hawaii and Puerto Rico

are embraced in the term "district courts of the United States."

(See definitive section 451 of this title.) Consequently the

specific reference in section 225 of title 28, U.S.C., 1940 ed., to

"the United States district courts for Hawaii" was omitted.

The District Court for the District of Puerto Rico is not

enumerated in section 225(b) of title 28, U.S.C., 1940 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 incorporated

in sections 1291 and 1294 of this title.

AMENDMENTS

1992 - Subsec. (d)(2). Pub. L. 102-572, Secs. 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, Sec. 902(b)(2), substituted

"Court of Federal Claims" for "Claims Court" in two places.

Subsec. (d)(4). Pub. L. 102-572, Sec. 902(b), substituted "United

States Court of Federal Claims" for "United States Claims Court" in

subpar. (A) and "Court of Federal Claims" for "Claims Court" in two

places in subpar. (B).

Subsec. (e). Pub. L. 102-572, Sec. 101, added subsec. (e).

1988 - Subsec. (d)(4). Pub. L. 100-702 added par. (4).

1984 - Subsec. (b). Pub. L. 98-620, Sec. 412(a), inserted "which

would have jurisdiction of an appeal of such action" after "The

Court of Appeals".

Subsec. (c)(1). Pub. L. 98-620, Sec. 412(b), inserted "or (b)"

after "(a)".

1982 - Subsec. (a). Pub. L. 97-164, Sec. 125(a)(1), substituted

"Except as provided in subsections (c) and (d) of this section, the

courts" for "The courts" in introductory provisions.

Subsec. (a)(4). Pub. L. 97-164, Sec. 125(a)(2), (3), struck out

par. (4) which related to judgments in civil actions for patent

infringement which were final except for accounting.

Subsecs. (c), (d). Pub. L. 97-164, Sec. 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 District 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.

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

Section 502 of title V of Pub. L. 100-702 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.

-TRANS-

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 "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 3831 and 3841 to 3843 of Title 22,

Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 256, 798, 1291, 1294,

1295, 1334, 1452 of this title; title 9 section 15; title 11

section 305; title 15 sections 29, 78aa, 79y, 80a-43, 80b-14; title

16 sections 825p, 1456; title 18 section 3626; title 42 section

2000e-5; title 45 sections 719, 743, 1105.

-End-

-CITE-

28 USC Sec. 1293 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 83 - COURTS OF APPEALS

-HEAD-

[Sec. 1293. Repealed. Pub. L. 87-189, Sec. 3, Aug. 30, 1961, 75

Stat. 417]

-MISC1-

Section, acts June 25, 1948, ch. 646, 62 Stat. 929; Mar. 18,

1959, Pub. L. 86-3, Sec. 14(b), 73 Stat. 10, provided for appeal

from supreme court of Puerto Rico to court of appeals for first

circuit. See section 1258 of this title.

A subsequent section 1293, added Pub. L. 95-598, title II, Sec.

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.

-End-

-CITE-

28 USC Sec. 1294 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 83 - COURTS OF APPEALS

-HEAD-

Sec. 1294. Circuits in which decisions reviewable

-STATUTE-

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

follows:

(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 Islands, to the Court

of Appeals for the Third Circuit;

(4) From the District Court of Guam, to the Court of Appeals for

the Ninth Circuit.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 930; Oct. 31, 1951, ch. 655, Sec.

50(a), 65 Stat. 727; Pub. L. 85-508, Sec. 12(g), July 7, 1958, 72

Stat. 348; Pub. L. 86-3, Sec. 14(c), Mar. 18, 1959, 73 Stat. 10;

Pub. L. 87-189, Sec. 5, Aug. 30, 1961, 75 Stat. 417; Pub. L.

95-598, title II, Sec. 237, Nov. 6, 1978, 92 Stat. 2667; Pub. L.

97-164, title I, Sec. 126, Apr. 2, 1982, 96 Stat. 37.)

-MISC1-

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., Sec. 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, Sec. 35, 31 Stat.

85; Mar. 3, 1911, ch. 231, Sec. 128, 36 Stat. 1133; Aug. 24, 1912,

ch. 390, Sec. 9, 37 Stat. 566; Mar. 2, 1917, ch. 145, Secs. 42, 43,

39 Stat. 966; Mar. 3, 1917, ch. 171, Sec. 2, 39 Stat. 1132; Sept.

21, 1922, ch. 370, Sec. 3, 42 Stat. 1006; Feb. 13, 1925, ch. 229,

Secs. 1, 13, 43 Stat. 936, 942; Feb. 26, 1926, ch. 27, Sec. 1002,

44 Stat. 110; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; May 17,

1932, ch. 190, 47 Stat. 158; Feb. 16, 1933, ch. 91, Sec. 3, 47

Stat. 817; May 10, 1934, ch. 277, Sec. 519, 48 Stat. 760; Feb. 10,

1939, ch. 2, Sec. 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., Territories and

Insular Possessions with sections 1141(b)(1)(2)(3) to title 26,

U.S.C., 1940 ed., Internal Revenue 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 retained in title 48. Other provisions of said section 1356

are incorporated in section 1291 of this title. Other provisions of

said section 1392 were also retained in title 48.

Paragraph (3) of section 1141(b) of title 26, U.S.C., 1940 ed.,

was omitted as executed. It made such subsection applicable to all

decisions of the Board of Tax Appeals (Tax Court) rendered on and

after May 10, 1934.

Provisions of section 225(d) of title 28, U.S.C., 1940 ed., for

review of the decisions of the United States Court for China were

omitted. (See reviser's note under section 411 of this title.)

Subsection (b) rephrases and rearranges the relevant provisions

of section 1141(b)(1)(2)(3) of title 26, U.S.C., 1940 ed.

Specific reference to the United States district courts for the

districts of Hawaii, Puerto Rico and District of Columbia was

omitted as unnecessary, these courts being embraced in the

definition of "a district court of the United States" contained in

section 451 of this title.

Administrative orders, referred to in reviser's note under

section 1291 of this title, are reviewable and enforceable in the

following circuits:

ORDERS REVIEWABLE

(1) Alcoholic permit orders - in the District of Columbia or in

the circuit where the applicant or permittee resides or has his

principal place of business;

(2) Antitrust and unfair trade orders - in the circuit where

unlawful act occurred or petitioner resides or carries on business;

(3) Bridge alteration; cost orders - in the circuit where bridge

is wholly or partly located;

(4) Civil aeronautics orders - in the District of Columbia or

circuit where petitioner resides or has his principal place of

business;

(5) Commodity exchange orders - in the circuit where board of

trade has its principal place of business or in circuit where

petitioner for review of exclusion order carries on business;

(6) Electric and water power orders - in the District of Columbia

or circuit where licensee or public utility to which order relates

is located or has its principal place of business;

(7) Food, drug and cosmetic orders - in the circuit where person

adversely affected resides or has his principal place of business;

(8) Gas orders - in the District of Columbia or circuit where

company to which order relates is located or has its principal

place of business;

(9) National Labor Relations Board's final orders - in the

District of Columbia or circuit where unfair labor practice

occurred or violator resides or transacts business;

(10) Packers cease and desist orders - in the circuit where

packer has his principal place of business;

(11) Radio license decisions - in the District of Columbia;

(12) Securities and Exchange Commission orders - in the District

of Columbia or circuit where petitioner resides or has his

principal place of business;

(13) Seed orders - in the circuit where violator resides or has

his principal place of business;

(14) Wage orders - in the District of Columbia or circuit where

petitioner resides or has his principal place of business;

(15) Foreign Trade Zones Board orders - in the circuit where the

Zone is located;

(16) Customhouse broker licenses - in circuit where applicant or

licensee resides or has his principal place of business.

ORDERS ENFORCEABLE

(1) Antitrust and unfair trade orders - in the circuit where

unlawful act occurred or person allegedly committing unlawful act

resides or carries on business;

(2) National Labor Relations Board's final orders - in the

circuit where unfair labor practice occurred or violator resides or

transacts business;

(3) Seed orders - in the circuit where violator resides or has

his principal place of business.

Section 61 of title 7 of the Canal Zone Code is also incorporated

in sections 1291 and 1292 of this title.

Changes were made in phraseology.

By Senate amendment, this section was renumbered "1294", and

subsec. (b), which related to the Tax Court, was eliminated.

Therefore, as finally enacted, section 1141(b)(1)(2)(3) of Title

26, U.S.C., Internal Revenue Code 1939, was not one of the sources

of this section. The Senate amendments also eliminated section 1141

of the Internal Revenue Code 1939 from the schedule of repeals. See

Senate Report No. 1559.

AMENDMENTS

1982 - Pub. L. 97-164 substituted "Except as provided in sections

1292(c), 1292(d), and 1295 of this title, appeals from reviewable

decisions" for "Appeals from reviewable decisions" in introductory

provisions.

1978 - Pub. L. 95-598 directed the amendment of section by

substituting "district, bankruptcy, and territorial" for "district

and territorial" and by adding pars. (5) and (6) relating to panels

designated under section 160(a) of this title and bankruptcy

courts, respectively, which amendment 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.

1961 - Pars. (4), (5). Pub. L. 87-189 redesignated par. (5) as

(4) and repealed former par. (4) which provided that appeals from

the Supreme Court of Puerto Rico should be taken to the Court of

Appeals for the First Circuit. See section 1258 of this title.

1959 - Pars. (4) to (6). Pub. L. 86-3 redesignated pars. (5) and

(6) as (4) and (5), respectively, and repealed former par. (4)

which provided that appeals from the Supreme Court of Hawaii should

be taken to the Court of Appeals for the Ninth Circuit. See section

91 of this title and notes thereunder.

1958 - Par. (2). Pub. L. 85-508 redesignated par. (3) as (2) and

repealed former par. (2) which provided that appeals from the

District Court for the Territory of Alaska or any division thereof

should be taken to the Court of Appeals for the Ninth Circuit. See

section 81A of this title which establishes a United States

District Court for the State of Alaska.

Pars. (3) to (7). Pub. L. 85-508 redesignated pars. (4) to (7) as

(3) to (6), respectively.

1951 - Par. (7). Act Oct. 31, 1951, added par. (7).

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 1959 AMENDMENT

Amendment by Pub. L. 86-3 effective on admission of State of

Hawaii into the Union, see note set out under section 91 of this

title. Admission of Hawaii into the Union was accomplished Aug. 25,

1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868,

73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3,

Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491

of Title 48, Territories and Insular Possessions.

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.

-TRANS-

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 "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1295 of this title; title

15 sections 77v, 78aa, 79y, 80a-43, 80b-14; title 45 sections 719,

743, 1105.

-End-

-CITE-

28 USC Sec. 1295 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 83 - COURTS OF APPEALS

-HEAD-

Sec. 1295. Jurisdiction of the United States Court of Appeals for

the Federal Circuit

-STATUTE-

(a) The United States Court of Appeals for the Federal Circuit

shall have exclusive jurisdiction -

(1) of an appeal from a final decision of a district court of

the United States, the United States District Court for the

District of the Canal Zone, the District Court of Guam, the

District Court of the Virgin Islands, or the District Court for

the Northern Mariana Islands, if the jurisdiction of that court

was based, in whole or in part, on section 1338 of this title,

except that a case involving a claim arising under any Act of

Congress relating to copyrights, exclusive rights in mask works,

or trademarks and no other claims under section 1338(a) shall be

governed by sections 1291, 1292, and 1294 of this title;

(2) of an appeal from a final decision of a district court of

the United States, the United States District Court for the

District of the Canal Zone, the District Court of Guam, the

District Court of the Virgin Islands, or the District Court for

the Northern Mariana Islands, if the jurisdiction of that court

was based, in whole or in part, on section 1346 of this title,

except that jurisdiction of an appeal in a case brought in a

district court under section 1346(a)(1), 1346(b), 1346(e), or

1346(f) of this title or under section 1346(a)(2) when the claim

is founded upon an Act of Congress or a regulation of an

executive department providing for internal revenue shall be

governed by sections 1291, 1292, and 1294 of this title;

(3) of an appeal from a final decision of the United States

Court of Federal Claims;

(4) of an appeal from a decision of -

(A) the Board of Patent Appeals and Interferences of the

United States Patent and Trademark Office with respect to

patent applications and interferences, at the instance of an

applicant for a patent or any party to a patent interference,

and any such appeal shall waive the right of such applicant or

party to proceed under section 145 or 146 of title 35;

(B) the Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office

or the Trademark Trial and Appeal Board with respect to

applications for registration of marks and other proceedings as

provided in section 21 of the Trademark Act of 1946 (15 U.S.C.

1071); or

(C) a district court to which a case was directed pursuant to

section 145, 146, or 154(b) of title 35;

(5) of an appeal from a final decision of the United States

Court of International Trade;

(6) to review the final determinations of the United States

International Trade Commission relating to unfair practices in

import trade, made under section 337 of the Tariff Act of 1930

(19 U.S.C. 1337);

(7) to review, by appeal on questions of law only, findings of

the Secretary of Commerce under U.S. note 6 to subchapter X of

chapter 98 of the Harmonized Tariff Schedule of the United States

(relating to importation of instruments or apparatus);

(8) of an appeal under section 71 of the Plant Variety

Protection Act (7 U.S.C. 2461);

(9) of an appeal from a final order or final decision of the

Merit Systems Protection Board, pursuant to sections 7703(b)(1)

and 7703(d) of title 5;

(10) of an appeal from a final decision of an agency board of

contract appeals pursuant to section 8(g)(1) of the Contract

Disputes Act of 1978 (41 U.S.C. 607(g)(1));

(11) of an appeal under section 211 of the Economic

Stabilization Act of 1970;

(12) of an appeal under section 5 of the Emergency Petroleum

Allocation Act of 1973;

(13) of an appeal under section 506(c) of the Natural Gas

Policy Act of 1978; and

(14) of an appeal under section 523 of the Energy Policy and

Conservation Act.

(b) The head of any executive department or agency may, with the

approval of the Attorney General, refer to the Court of Appeals for

the Federal Circuit for judicial review any final decision rendered

by a board of contract appeals pursuant to the terms of any

contract with the United States awarded by that department or

agency which the head of such department or agency has concluded is

not entitled to finality pursuant to the review standards specified

in section 10(b) of the Contract Disputes Act of 1978 (41 U.S.C.

609(b)). The head of each executive department or agency shall make

any referral under this section within one hundred and twenty days

after the receipt of a copy of the final appeal decision.

(c) The Court of Appeals for the Federal Circuit shall review the

matter referred in accordance with the standards specified in

section 10(b) of the Contract Disputes Act of 1978. The court shall

proceed with judicial review on the administrative record made

before the board of contract appeals on matters so referred as in

other cases pending in such court, shall determine the issue of

finality of the appeal decision, and shall, if appropriate, render

judgment thereon, or remand the matter to any administrative or

executive body or official with such direction as it may deem

proper and just.

-SOURCE-

(Added Pub. L. 97-164, title I, Sec. 127(a), Apr. 2, 1982, 96 Stat.

37; amended Pub. L. 98-622, title II, Sec. 205(a), Nov. 8, 1984, 98

Stat. 3388; Pub. L. 100-418, title I, Sec. 1214(a)(3), Aug. 23,

1988, 102 Stat. 1156; Pub. L. 100-702, title X, Sec. 1020(a)(3),

Nov. 19, 1988, 102 Stat. 4671; Pub. L. 102-572, title I, Sec.

102(c), title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4507,

4516; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs.

4402(b)(2), 4732(b)(14)], Nov. 29, 1999, 113 Stat. 1536, 1501A-560,

1501A-584.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (a)(7), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of Title

19, Customs Duties.

Section 211 of the Economic Stabilization Act of 1970, referred

to in subsec. (a)(11), is section 211 of Pub. L. 91-379, title II,

as amended, formerly set out as an Economic Stabilization Program

note under section 1904 of Title 12, Banks and Banking.

Section 5 of the Emergency Petroleum Allocation Act of 1973,

referred to in subsec. (a)(12), is section 5 of Pub. L. 93-159, as

amended, which was classified to section 754 of Title 15, Commerce

and Trade, and was omitted from the Code.

Section 506(c) of the Natural Gas Policy Act of 1978, referred to

in subsec. (a)(13), is classified to section 3416(c) of Title 15.

Section 523 of the Energy Policy and Conservation Act, referred

to in subsec. (a)(14), is classified to section 6393 of Title 42,

The Public Health and Welfare.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(4)(A). Pub. L. 106-113, Sec. 1000(a)(9) [title

IV, Sec. 4732(b)(14)(A)], inserted "United States" before "Patent

and Trademark".

Subsec. (a)(4)(B). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4732(b)(14)(B)], substituted "Under Secretary of Commerce for

Intellectual Property and Director of the United States Patent and

Trademark Office" for "Commissioner of Patents and Trademarks".

Subsec. (a)(4)(C). Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4402(b)(2)], substituted "145, 146, or 154(b)" for "145 or

146".

1992 - Subsec. (a)(3). Pub. L. 102-572, Sec. 902(b)(1),

substituted "United States Court of Federal Claims" for "United

States Claims Court".

Subsec. (a)(11) to (14). Pub. L. 102-572, Sec. 102(c), added

pars. (11) to (14).

1988 - Subsec. (a)(1). Pub. L. 100-702 inserted ", exclusive

rights in mask works," after "copyrights".

Subsec. (a)(7). Pub. L. 100-418 substituted "U.S. note 6 to

subchapter X of chapter 98 of the Harmonized Tariff Schedule of the

United States" for "headnote 6 to schedule 8, part 4, of the Tariff

Schedules of the United States".

1984 - Subsec. (a)(4)(A). Pub. L. 98-622 substituted "Patent

Appeals and" for "Appeals or the Board of Patent".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1000(a)(9) [title IV, Sec. 4402(b)(2)] of

Pub. L. 106-113 effective on date that is 6 months after Nov. 29,

1999, and, except for design patent application filed under chapter

16 of Title 35, applicable to any application filed on or after

such date, see section 1000(a)(9) [title IV, Sec. 4405(a)] of Pub.

L. 106-113, set out as a note under section 154 of Title 35,

Patents.

Amendment by section 1000(a)(9) [title IV, Sec. 4732(b)(14)] of

Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section

1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a

note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 102(c) 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 section 902(b)(1) 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

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-622 applicable to all United States

patents granted before, on, or after Nov. 8, 1984, and to all

applications for United States patents pending on or filed after

that date, except as otherwise provided, see section 106 of Pub. L.

98-622, set out as a note under section 103 of Title 35, Patents.

Amendment by Pub. L. 98-622 effective three months after Nov. 8,

1984, see section 207 of Pub. L. 98-622, set out as a note under

section 41 of Title 35.

EFFECTIVE DATE

Section 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.

-TRANS-

ABOLITION OF TEMPORARY EMERGENCY COURT OF APPEALS

Section 102(d), (e) of Pub. L. 102-572 provided that:

"(d) Abolition of Court. - The Temporary Emergency Court of

Appeals created by section 211(b) of the Economic Stabilization Act

of 1970 [Pub. L. 91-379, formerly set out as a note under section

1904 of Title 12, Banks and Banking] is abolished, effective 6

months after the date of the enactment of this Act [Oct. 29, 1992].

"(e) Pending Cases. - (1) Any appeal which, before the effective

date of abolition described in subsection (d), is pending in the

Temporary Emergency Court of Appeals but has not been submitted to

a panel of such court as of that date shall be assigned to the

United States Court of Appeals for the Federal Circuit as though

the appeal had originally been filed in that court.

"(2) Any case which, before the effective date of abolition

described in subsection (d), has been submitted to a panel of the

Temporary Emergency Court of Appeals and as to which the mandate

has not been issued as of that date shall remain with that panel

for all purposes and, notwithstanding the provisions of sections

291 and 292 of title 28, United States Code, that panel shall be

assigned to the United States Court of Appeals for the Federal

Circuit for the purpose of deciding such case."

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 "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1291, 1292, 1294 of this

title; title 41 section 607.

-End-

-CITE-

28 USC Sec. 1296 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 83 - COURTS OF APPEALS

-HEAD-

Sec. 1296. Review of certain agency actions

-STATUTE-

(a) Jurisdiction. - Subject to the provisions of chapter 179, the

United States Court of Appeals for the Federal Circuit shall have

jurisdiction over a petition for review of a final decision under

chapter 5 of title 3 of -

(1) an appropriate agency (as determined under section 454 of

title 3);

(2) the Federal Labor Relations Authority made under part D of

subchapter II of chapter 5 of title 3, notwithstanding section

7123 of title 5; or

(3) the Secretary of Labor or the Occupational Safety and

Health Review Commission, made under part C of subchapter II of

chapter 5 of title 3.

(b) Filing of Petition. - Any petition for review under this

section must be filed within 30 days after the date the petitioner

receives notice of the final decision.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(a)(1), Oct. 26, 1996, 110 Stat.

4068.)

-MISC1-

PRIOR PROVISIONS

A prior section 1296, added Pub. L. 97-164, title I, Sec. 127(a),

Apr. 2, 1982, 96 Stat. 39, related to precedence of cases in United

States Court of Appeals for the Federal Circuit, prior to repeal by

Pub. L. 98-620, title IV, Sec. 402(29)(C), Nov. 8, 1984, 98 Stat.

3359.

EFFECTIVE DATE

Section 3(d) of Pub. L. 104-331 provided that: "The amendments

made by this section [enacting this section and sections 1413 and

3901 to 3908 of this title and amending sections 1346 and 2402 of

this title] shall take effect on October 1, 1997."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3902, 3903, 3905 of this

title; title 3 sections 425, 435, 451, 454 of this title.

-End-