§ 1342. — Rate orders of State agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1342]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 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., Sec. 41(1) (Mar. 3, 1911, ch.
231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, Sec. 1, 48
Stat. 775; Aug. 21, 1937, ch. 726, Sec. 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.
