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47 U.S.C. § 407

Section 407 · Order for payment of money; petition for enforcement; procedure; order of Commission as prima facie evidence; costs; attorneys fees

Amended 1 time on record

Applied in 21 court decisions — leading case Marek v. Chesny (1985)

Most recently applied in 628 F. Supp. 2d 714 - Radar Solutions, Ltd. v. United States Federal Communications Commission (June 2009)

How often courts cite this section

19341940196019802000200940ch. 652enacted · 1934 · ch. 652Marek v. Chesnyleading · 1985 · Marek v. Chesny
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the line of the carrier runs, or in any State court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suits the findings and order of the Commission shall be prima facie evidence of the facts therein stated, except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail, he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Federal Rules of Civil Procedure

Complaint in civil action, see rules 3 and 7, Title 28, Appendix, Judiciary and Judicial Procedure.

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