Page:United States Statutes at Large Volume 94 Part 2.djvu/717

 PUBLIC LAW 96-452—OCT. 14, 1980

94 STAT. 1995

notify the Director of the Administrative Office of the United States Courts of such election. SEC. 7, The seniority of each judge— (1) who is assigned under section 5 of this Act; or (2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former fifth circuit. SEC. 8. The eleventh circuit is authorized to hold terms or sessions of court at New Orleans, Louisiana, until such time as adequate facilities for such court are provided in Atlanta, Georgia. SEC. 9. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former fifth circuit: (1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original pap' rs, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which it would have gone had this Act been in full force and effect at the time such appeal was teiken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1) of this section, sheill be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 10. As used in sections 5, 6, 7, 8, and 9 of this Act, the term— (1) "former fifth circuit" means the fifth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) the term "new fifth circuit" means the fifth judicial circuit of the United States established by the amendment made by section 2(2) of this Act; and (3) the term "eleventh circuit" means the eleventh judicial circuit of the United States established by the amendment made by section 2(3) of this Act.

Seniority. 28 USC 41 note.

Eleventh circuit, temporary site. 28 USC 41 note. eases, applicable provisions. 28 USC 41 note.

Definitions. 28 USC 41 note.

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