28 U.S.C. § 1342 — Rate orders of State agencies
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 98 words · no verdicts yet
This section limits federal district courts from stopping certain state public-utility rate orders. The limit applies when the listed jurisdictional, commerce, notice, hearing, and state-remedy conditions are met.
The district* courts must 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.
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:
Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and,
The order does not interfere with interstate commerce; and,
The order has been made after reasonable notice and hearing; and,
A plain, speedy and efficient remedy may be had in the courts of such State.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 932.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 932
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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