Page:United States Statutes at Large Volume 62 Part 1.djvu/967

 62 STAT.] 80rH CONG., 2n SESS. --CH. 646--JUNE 25, 1948 § 1402. United States as defendant (a) Any civil action against the United States under subsection (a) of section 1346 of this title may be prosecuted only in the judicial Ate, p. 3. district where the plaintiff resides. (b) Any civil action on a tort claim against the United States under subsection (b) of section 1346 of this title may be prosecuted only in AteP.s3. the judicial district where the plaintiff resides or wherein the act or omission complained of occurred. § 1403. Eminent domain Proceedings to condemn real estate for the use of the United States or its departments or agencies shall be brought in the district court of the district where the land is located or, if located in different dis- tricts in the same State, in any of such districts. § 1404. Change of venue (a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought. (b) Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion or hearing thereof, may be transferred, in the discretion of the court, from the division in which pending to any other division in the same district. Transfer of proceedings in rem brought by or on behalf of the United States may be transferred under this section without the consent of the United States where all other parties request transfer. (c) A district court may order any civil action to be tried at any place within the division in which it is pending. § 1405. Creation or alteration of district or division Actions or proceedings pending at the time of the creation of a new district or division or transfer of a county or territory from one divi- sion or district to another may be tried in the district or division as it existed at the institution of the action or proceeding, or in the district or division so created or to which the county or territory is so trans- ferred as the parties shall agree or the court direct. § 1406. Cure or waiver of defects (a) The district court of a district in which is filed a case laying venue in the wrong division or district shall transfer such case to any district or division in which it could have been brought. (b) Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue. CHAPTER 89-DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS Sec. 1441. Actions removable generally. 1442. Federal officers sued or prosecuted. 1443. Civil rights cases. 1444. Foreclosure action against United States. 1445. Carriers; non-removable actions. 1446. Procedure for removal. 1447. Procedure after removal generally. 1448. Process after removal. 1449. State court record supplied. 1450. Attachment or sequestration; securities. § 1441. Actions removable generally (a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United 937

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