Page:United States Statutes at Large Volume 62 Part 1.djvu/999

 62 STAT.] 80rTE CONG., 2D SESS.-CH. 646 -JUNE 25, 1948 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 at- torney 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 ir- reparable damage. The order, unless previously revoked by the district judge, shall remain in force only until the hearing and deter- mination 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. (4) In any such case the application shall be given 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 appoint a master or order a reference, or hear and deter- 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 before final hearing. A district court of three judges shall, before final hearing, stay any action pending therein to enjoin, suspend or restrain the enforce- ment or execution of a State statute or order thereunder, whenever it appears that a State court of competent jurisdiction has stayed pro- ceedings 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. CHAPTER 157-INTERSTATE COMMERCE COMMISSION ORDERS; ENFORCEMENT AND REVIEW Sec. 2321. Procedure generally; process. 2322. United States as party. 2323. Duties of Attorney General; Intervenors. 2324. Stay of Commission's order. 2325. Injunction; three-judge court required. § 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 Inter- state 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, 43, and 49 of Title 49, run, be served, and be returnable At*, P. B. anywhere in the United States. § 2322 United States as party All actions specified in section 2321 of this title shall be brought s4m by or against the United States. 969

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