Secs. 2201-2202-2284 Rights, other In a case of actual controversy within its jurisdiction, except with respect to Federal taxes, any court of the relief is sought. United States, upon the filing of an appropriate plead Effect. 62 Stat. 964. Further necessary, proper relief, based on declaratory judgment. 62 Stat. 968. Composition, procedure, of three-judge court, injunction sought. State orders. Act of Con gress, agency of United States. Notice. ing, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. NOTE. Declaratory orders are authorized by § 5 (d), 5 U. S. C. § 1004 (d), of the Administrative Procedure Act. By act of August 28, 1954, "and the District Court for the Territory of Alaska was inserted in § 2201 and by act of July 7, 1958, it was stricken. SEC. 2202. [Codified June 25, 1948.] [28 U. S. C. $2202.] FURTHER RELIEF Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment. INJUNCTIONS; THREE-JUDGE COURTS Title 28.-Chapter 155, U. S. Code SEC. 2284. [Codified June 25, 1948.] [28 U. S. C. $ 2284.] THREE-JUDGE DISTRICT COURT; COMPOSITION; PROCEDURE In any action or proceeding required by Act of Congress to be heard and determined by a district court of three judges the composition and procedure of the court, except as otherwise provided by law, shall be as follows: (1) The district judge to whom the application for injunction or other relief is presented shall constitute one member of such court. On the filing of the application, he shall immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. Such judges shall serve as members of the court to hear and determine the action or proceeding. (2) If the action involves the enforcement, operation or execution of State statutes or State administrative orders, at least five days' notice of the hearing shall be given to the governor and attorney general of the State. If the action involves the enforcement, operation or execution of an Act of Congress or an order of any department or agency of the United States, at least five days' notice of the hearing shall be given to the Attorney General of the United States, to the United States attorney for the district, and to such other persons as may be defendants. Such notice shall be given by registered mail by the clerk, and shall be complete on the mailing thereof. (3) In any such case in which an application for an interlocutory injunction is made, the district judge to whom the application is made may, at any time, grant a temporary restraining order to prevent irreparable damage. The order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the full court. It shall contain a specific finding, based upon evidence submitted to such judge and identified by reference thereto, that specified irreparable damage will result if the order is not granted. Sec. 2284 Application, interlocutory Injunction. (4) In any such case the application shall be given Precedence. precedence and assigned for a hearing at the earliest practicable day. Two judges must concur in granting the application. (5) Any one of the three judges of the court may perform all functions, conduct all proceedings except the trial, and enter all orders required or permitted by the rules of civil procedure. A single judge shall not ap point a master or order a reference, or hear and deter- Three judges. mine any application for an interlocutory injunction or motion to vacate the same, or dismiss the action, or enter a summary or final judgment. The action of a single judge shall be reviewable by the full court at any time Single judge. before final hearing. A district court of three judges shall, before final hearing, stay any action pending therein to enjoin, sus- Stay. pend or restrain the enforcement or execution of a State statute or order thereunder, whenever it appears that a State court of competent jurisdiction has stayed proceedings under such statute or order pending the determination in such State court of an action to enforce the same. If the action in the State court is not prosecuted diligently and in good faith, the district court of three judges may vacate its stay after hearing upon ten days. notice served upon the attorney general of the State. Secs. 2321-2323 62 Stat. 969. Procedure, enforcement, suspension, etc., of Commission's orders. 63 Stat. 105. Orders, writs, process. 62 Stat. 969. 62 Stat. 970. 63 Stat. 105. Attorney General representing Govern ment, 20, INTERSTATE COMMERCE COMMISSION ORDERS; ENFORCEMENT AND REVIEW Title 28.-Chapter 157, U. S. Code SEC. 2321. [Codified June 25, 1948, and amended May 24, 1949.] [28 U. S. C. § 2321.] PROCEDURE GENERALLY; PROCESS The procedure in the district courts in actions to enforce, suspend, enjoin, annul or set aside in whole or in part any order of the Interstate Commerce Commission other than for the payment of money or the collection of fines, penalties and forfeitures, shall be as provided in this chapter. The orders, writs, and process of the district courts may, in the cases specified in this section and in the cases and proceedings under sections 20, 23, and 43 of Title 49, run, be served, and be returnable anywhere in the United States. SEC. 2322. [Codified June 25, 1948.] [28 U. S. C. $ 2322.] UNITED STATES AS PARTY All actions specified in section 2321 of this title shall be brought by or against the United States. SEC. 2323. [Codified June 25, 1948, and amended May 24, 1949.] [28 U. S. C. § 2323.] DUTIES OF ATTORNEY GENERAL; INTERVENORS The Attorney General shall represent the Government in the actions specified in section 2321 of this title and 23, 43, Title 49. in actions under sections 20, 23, and 43 of Title 49, in the district courts, and in the Supreme Court of the United States upon appeal from the district courts. Commission, party. Intervention. The Interstate Commerce Commission and any party or parties in interest to the proceeding before the Commission, in which an order or requirement is made, may appear as parties of their own motion and as of right, and be represented by their counsel, in any action involving the validity of such order or requirement or any part thereof, and the interest of such party. Communities, associations, corporations, firms, and individuals interested in the controversy or question before the Commission, or in any action commenced under the aforesaid sections may intervene in said action at any time after commencement thereof. Sec. 13 over objection. The Attorney General shall not dispose of or discontinue said action or proceeding over the objection of such Discontinuance party or intervenor, who may prosecute, defend, or continue said action or proceeding unaffected by the action or nonaction of the Attorney General therein. SEC. 2324. [Codified June 25, 1948.] [28 U. S. C. 62 Stat. 970. § 2324.] STAY OF COMMISSION'S ORDER Stay of Com The pendency of an action to enjoin, set aside, or suspend any order of the Interstate Commerce Commission shall not of itself stay or suspend the operation mission's order. of the order, but the court may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the action. SEC. 2325. [Codified June 25, 1948.] [28 U. S. C. 62 Stat. 970. § 2325.] INJUNCTION; THREE-JUDGE COURT REQUIRED Injunction; three-judge quired. An interlocutory or permanent injunction restraining court rethe enforcement, operation or execution, in whole or in part, of any order of the Interstate Commerce Commission shall not be granted unless the application therefor is heard and determined by a district court of three judges under section 2284 of this title. to FAIR LABOR STANDARDS ACT * Title 29.-Chapter 8, U. S. Code (a) The 52 Stat. 1067. SEC. 13. [June 25, 1938.] [29 U.S. C. § 213.] provisions of sections 6 and 7 shall not apply with respect (9) any employee of a street, suburban, Electric railor interurban electric railway, or local trolley or motor bus carrier, not included in other exemptions contained in this section; * (b) The provisions of section 7 shall not apply with respect to (1) any employee with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the provisions of section 204 of the Motor Carrier Act, 1935; or (2) any employee of an employer subject to the provisions of Part I of the Interstate Commerce Act. NOTE.-Hours of service provisions, part II, Interstate Commerce Act, § 204 (a) (1)-(3); Hours of Service Act, 88 1-4, 45 U. S. C., § 61-§ 64, and Adamson Eight-Hour Act, title 45, infra. 488902 O-59-25 ways, motor bus carrier. Employees Motor Caremployees carriers. subject to rier Act, and of part I Sec. 247 52 Stat. 1068. Prohibited acts. Common carriers' own goods; other goods to be accepted for transportation. 37 Stat. 558. 39 Stat. 431. 43 Stat. 1067. 45 Stat. 942. Reformation of classification, etc. Consent of Commission to changes in zones, etc., in parcel post. The amendments in nowise affect jurisdiction of the commission. By 3 of the act of August 3, 1956, 70 Stat. 958, enacting migrant workers' provisions of Part II of the Interstate Commerce Act, it is provided: "Section 13 (b) (1) of the Fair Labor Standards Act, as amended (29 U. S. C. 213 (b) (1)) shall not apply in the case of any employee with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service solely by virtue of section 204 (a) (3a) of the Interstate Commerce Act." SEC. 15. [June 25, 1938.] [29 U.S. C. § 215.] (a) After the expiration of one hundred and twenty days from the date of enactment of this Act, it shall be unlawful for any person (1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 6 or section 7, or in violation of any regulation or order of the Administrator issued under section 14; except that no provision of this Act shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this Act shall excuse any common carrier from its obligation to accept any goods for transportation; THE POSTAL SERVICE Title 39.-Chapter 6, U. S. Code PARCEL POST ACTS Provision from the Post Office Department Appropriation Acts. [August 24, 1912, July 28, 1916, February 28, 1925, May 29, 1928.] [39 U. S. C. §247.] ** The classification of articles mailable as well as the weight limit, the rates of postage, zone or zones and other conditions of mailability under this section, if the Postmaster General shall find on experience that they or any of them are such as to prevent the shipment of articles desirable, or to permanently render the cost of the service greater than the receipts of the revenue therefrom, he is hereby directed, subject to the consent of the Interstate Commerce Commission after investigation, to re-form from time to time such classifications, weight limit, rates, zone |