Citizens of a State, and citizens of other States and foreign states or citizens or subjects thereof;

Citizens of a Territory or the District of Columbia, and foreign states or citizens or subjects thereof;

Citizens of different States;

Citizens of different Territories;

Citizens of a State, and citizens of Territories;

Citizens of a State or Territory, and Citizens of the District of Columbia;

Citizens of a State, and foreign states or citizens or subjects thereof.

The revised section removès an uncertainty referred to in the McGarry case, supra, as to whether Congress intended to permit citizens of the Territories or the District of Columbia to sue a State or Territory itself rather than the citizens thereof. The court observed that "Congress could hardly have had such intention."

The sentence "The foregoing provisions as to the sum or value of the matter in controversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section" was omitted as unnecessary. Those paragraphs are (2)-(28) of said section 41 of title 28, U. S. C., 1940 ed., which are revised and incorporated in this chapter and, except for those relating to actions against the United States and interpleader, contains no provision as to a sum or value necessary to confer jurisdiction. Consequently the omitted sentence is covered by excluding such require

ment.

Section 41 (1) of title 28, U. S. C., 1940 ed., as originally enacted, purported to include all jurisdictional provisions relating to the district courts. Subsequently, many special jurisdictional provisions were enacted and incorporated in other titles of the U. S. C., 1940 ed., as follows:

Title

U. S. C.

7_

Section 514-516

7.

711

Based on title 28, U. S. C., 1940 ed., §§ 41 (3) and 371 (3) (4) (Mar. 3, 1911, ch. 231, §§ 24, par. 3, 256, pars. 3, 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, §§ 1, 2, 40 Stat. 395; June 10, 1922, ch. 216, §§ 1, 2, 42 Stat. 634).

60852-47- -9

Section consolidates certain provisions of sections 41 (3), 371 (3), and 371 (4) of title 28, U. S. C., 1940 ed. Other provisions of sections 41 (3) and 371 (4), relating to seizures, are incorporated in section 1356 of this title. (See reviser's note thereunder.)

The "saving to suitors" clause in sections 41 (3) and 371 (3) of title 28, U. S. C., 1940 ed., was changed by substituting the words "any other remedy to which he is otherwise entitled" for the words "the right of a common-law remedy where the common law is competent to give it." The substituted language is simpler and more expressive of the original intent of Congress and is in conformity with rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law and equity.

Provisions of section 41 (3) of title 28, U. S. C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmen's compensation laws, were deleted. Such amendments were held unconstitutional by the Supreme Court. (See Knickerbocker Ice Co. v. Stewart, 1920, 40 S. Ct. 438, 253 U. S. 149, 64 L. Ed. 834, and State of Washington v. W. C. Dawson & Co., 1924, 44 S. Ct. 302, 264 U. S. 219, 68 L. Ed. 646.)

Words "libellant or petitioner" were substituted for "suitors" to describe moving party in admiralty cases.

Changes were made in phraseology.

SECTION 1334-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 41 (19) and 371 (6) (Mar. 3, 1911, ch. 231, §§ 24, par. 19, 256, par. 6, 36 Stat. 1093, 1160). Changes in phraseology were made.

SECTION 1335-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 41 (26) (Mar. 3, 1911, ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 Stat. 1096). Words "civil action" were substituted for "suits in equity"; word "plaintiff" was substituted for "complainant"; and word "judgment" was substituted for "decree," in order to make the language of this section conform with the Federal Rules of Civil Procedure.

The words "duly verified" following "in the nature of interpleader," near the beginning of the section, were omitted. Under rule 11 of the Federal Rules of Civil Procedure pleadings are no longer required to be verified or accompanied by affidavit unless specially required by statute. Although verification was specially required by section 41 (26) of title 28, U. S. C., 1940 ed., the need therefor is not apparent.

Provisions of section 41 (26) (b) of title 28, U. S. C., 1940 ed., relating to venue are the basis of section 1397 of this title. (See, also, reviser's note under said section.)

Subsections (c) and (d) of said section 41 (26) relating to issuance of injunctions constitute section 2361 of this title. (See reviser's note under said section.)

Subsection (e) of such section 41 (26), relating to defense in nature of interpleader and joinder of additional parties, was omitted as un

necessary, such matters being governed by the Federal Rules of Civil Procedure.

Changes were made in phraseology.

SECTION 1336-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 41 (27), (28) (Mar. 3, 1911, ch. 231, §§ 24 (27), (28), 207, 36 Stat. 1091, 1148; Oct. 22, 1913, ch. 32, 38 Stat. 219).

Words "Except as otherwise provided by enactment of Congress" were inserted because of certain similar cases of which the courts of appeals are given jurisdiction. (See, for example, section 21 of title 15, U. S. C., 1940 ed., Commerce and Trade.)

Words "any civil action" were substituted for "all cases" and "cases" in view of rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.

SECTION 1337-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 41 (8), (23) (Mar. 3, 1911, ch. 231, § 24, pars. 8, 23, 36 Stat. 1092, 1093; Oct. 22, 1913, ch. 32, 38 Stat. 219).

Words "civil action" were substituted for "suits", in view of rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

SECTION 1338-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 41 (7) and 371 (5) (Mar. 3, 1911, ch. 231, §§ 24, par. 7, 256, par. 5, 36 Stat. 1092, 1160).

Section consolidates section 41 (7) with section 371 (5) of title 28, U. S. C., 1940 ed., with necessary changes in phraseology.

Words "of any civil action" were substituted for "all suits at law or in equity" and "cases" to conform section to rule 2 of the Federal Rules of Civil Procedure.

Word "patents" was substituted for "patent-right" in said section 371 (Fifth) of title 28, U. S. C., 1940 ed.

Similar provisions respecting suits cognizable in district courts, including those of territories and possessions. (See section 34 of title 17, U. S. C., 1940 ed., Copyrights.)

Subsection (b) is added and is intended to avoid "piecemeal" litigation to enforce common-law and statutory copyright, patent, and trade-mark rights by specifically permitting such enforcement in a single civil action in the district court. While this is the rule under Federal decisions, this section would enact it as statutory authority. The problem is discussed at length in Hurn v. Oursler (1933, 53 S. Ct. 586, 289 U. S. 238, 77 L. Ed. 1148) and in Musher Foundation v. Alba Trading Co. (C. C. A. 1942, 127 F. 2d 9) (majority and dissenting opinions).

SECTION 1339-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 41 (6) (Mar. 3, 1911, ch. 231, $24, par. 6, 36 Stat. 1092).

Changes were made in phraseology.

SECTION 1340-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 41 (5) (Mar. 3, 1911, ch. 231, § 24, par. 5, 36 Stat. 1092; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475). Words "Customs Court" were substituted for "Court of Customs and Patent Appeals." Section 41 (5) of title 28, U. S. C., 1940 ed., is based on the Judicial Code of 1911. At that time the only court, other than the district courts, having jurisdiction of customs cases, was the Court of Customs Appeals which became the Court of Customs and Patent Appeals in 1929. The Customs Court was created in 1926 as a court of original jurisdiction over customs cases. (See reviser's note preceding section 251 of this title.) Words "any civil action" were substituted for "all cases" in view of rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.

SECTION 1341-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 41 (1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143).

This section restates the last 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, 1342, 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.

Words "under State law" were substituted for "imposed by or pursuant to the laws of any State" for the same reason.

SECTION 1342-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 41 (1) (Mar. 3, 1911, ch. 231, $24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143).

This section rearranges and restates the fourth sentence of section 41 (1) of title 28, U. S. C., 1940 ed.

Other provisions of section 41 (1) of title 28, U. S. C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1345, 1354, and 1359 of this title.

Words "at law or in equity" before "in the courts of such State" were omitted as unnecessary.

Words "civil action" was substituted for "suit," in view of rule 2 of the Federal Rules of Civil Procedure.

Word "opeation" was substituted for "enforcement, operation or execution" for the same reason.