-CITE-
    28 USC CHAPTER 83 - COURTS OF APPEALS                       01/03/2007

-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      Repealed.]                                            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".

-End-



-CITE-
    28 USC Sec. 1291                                            01/03/2007

-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.

-End-



-CITE-
    28 USC Sec. 1292                                            01/03/2007

-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.

-End-



-CITE-
    28 USC Sec. 1293                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART IV - JURISDICTION AND VENUE
    CHAPTER 83 - COURTS OF APPEALS

-HEAD-
    Sec. 1293. Repealed.

-MISC1-
    [Sec. 1293. Repealed. Pub. L. 87-189, Sec. 3, Aug. 30, 1961, 75
      Stat. 417].
      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                                            01/03/2007

-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.

-End-



-CITE-
    28 USC Sec. 1295                                            01/03/2007

-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.

-End-



-CITE-
    28 USC Sec. 1296                                            01/03/2007

-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."

-End-