Page:United States Statutes at Large Volume 62 Part 1.djvu/998

 PUBLIC LAWS-CH. 646 -JUNE 25, 1948 entered on the motion as from a final judgment on application for a writ of habeas corpus. An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention. CHAPTER 155-INJUNCTIONS; THREE-JUDGE COURTS Sec. 2281. Injunction against enforcement of State statute; three-judge court required. 2282. Injunction against enforcement of Federal statute; three-judge court required. 2283 Stay of State court proceedings. 2284. Three-judge district court; composition; procedure. § 2281. Injunction against enforcement of State statute; three- judge court required An interlocutory or permanent injunction restraining the enforce- ment, operation or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such statute or of an order made by an administrative board or com- mission acting under State statutes, shall not be granted by any dis- trict court or judge thereof upon the ground of the unconstitutionality of such statute unless the application therefor is heard and determined Infrl. by a district court of three judges under section 2284 of this title. § 2282. Injunction against enforcement of Federal statute; three-judge court required An interlocutory or permanent injunction restraining the enforce- ment, operation or execution of any Act of Congress for repugnance to the Constitution of the United States shall not be granted by any district court or judge thereof unless the application therefor is heard and determined by a district court of three judges under section 2284 of this title. § 2283. Stay of State court proceedings A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments. § 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 compo- sition 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 [62 STAT.

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