§411 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Allows adding other people who are interested in or affected by a charge, rule, or practice to enforcement cases brought to the Commission or started in a U.S. district court. The Commission or court can investigate and make orders about those added people just as it can about the carrier. When the Commission has one order awarding money, everyone who was awarded can join as plaintiffs and all carrier parties named in that order can join as defendants. The joint lawsuit can be filed in any federal district where at least one plaintiff could sue at least one defendant. A defendant not found in that district may be served where that carrier has its principal operating office. If someone wins, the judgment can be entered for any one plaintiff against the defendant found liable to that plaintiff.

Title 47, §411

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)In any proceeding for the enforcement of the provisions of this chapter, whether such proceeding be instituted before the Commission or be begun originally in any district court of the United States, it shall be lawful to include as parties, in addition to the carrier, all persons interested in or affected by the charge, regulation, or practice under consideration, and inquiries, investigations, orders, and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to carriers.

(b)In any suit for the enforcement of an order for the payment of money all parties in whose favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such joint suit, the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff.

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References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

§411 Joinder of Parties

Summary

Title 47, §411

Notes & Related Subsidiaries

Editorial Notes

References in Text

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