
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1018]

 
                           TITLE 45--RAILROADS
 
          CHAPTER 19--ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE
 
Sec. 1018. Judicial review


(a) Appeals

    Notwithstanding any other provision of law, any appeal from--
        (1) any decision of the bankruptcy court with respect to the 
    constitutionality of any provision of this chapter; and
        (2) any decision of the court having jurisdiction over the 
    reorganization of the Milwaukee Railroad with respect to the 
    constitutionality of the Milwaukee Railroad Restructuring Act (45 
    U.S.C. 901 et seq.),

shall be taken to the United States Court of Appeals for the Seventh 
Circuit.

(b) Appellate proceedings

    If appeals are taken from decisions described in subsection (a) of 
this section involving section 1005 or 1008 \1\ of this title or section 
9 or 15 of the Milwaukee Railroad Restructuring Act [45 U.S.C. 908 or 
915], the court of appeals shall determine such appeals in a 
consolidated proceeding, sitting en banc.
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    \1\ See References in Text note below.
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(c) Action in United States Court of Claims

    Nothing in this chapter or in the Milwaukee Railroad Restructuring 
Act (45 U.S.C. 901 et seq.) shall limit the right of any person to 
commence an action in the United States Court of Claims \1\ under 
section 1491 of title 28 (commonly referred to as the Tucker Act).

(Pub. L. 96-254, title I, Sec. 124, as added Pub. L. 96-448, title VII, 
Sec. 701(a)(1), Oct. 14, 1980, 94 Stat. 1959; amended Pub. L. 98-620, 
title IV, Sec. 402(49), Nov. 8, 1984, 98 Stat. 3361.)

                       References in Text

    This chapter, referred to in subsecs. (a)(1) and (c), was in the 
original ``this title'', meaning title I (Sec. 101 et seq.) of Pub. L. 
96-254, May 30, 1980, 94 Stat. 399, as amended, known as the Rock Island 
Railroad Transition and Employee Assistance Act, which is classified 
principally to this chapter. For complete classification of title I to 
the Code, see Short Title note set out under section 1001 of this title 
and Tables.
    The Milwaukee Railroad Restructuring Act, referred to in subsecs. 
(a)(2) and (c), is Pub. L. 96-101, Nov. 4, 1979, 93 Stat. 736, as 
amended, which is classified principally to chapter 18 (Sec. 901 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 901 of this title and 
Tables.
    Section 1008 of this title, referred to in subsec. (b), was repealed 
by Pub. L. 97-468, title II, Sec. 234(a), Jan. 14, 1983, 96 Stat. 2547.
    The United States Court of Claims, referred to in subsec. (c), and 
the United States Court of Customs and Patent Appeals were merged 
effective Oct. 1, 1982, into a new United States Court of Appeals for 
the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which 
also created a United States Claims Court [now United States Court of 
Federal Claims] that inherited the trial jurisdiction of the Court of 
Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of 
Title 28, Judiciary and Judicial Procedure.


                               Amendments

    1984--Subsec. (b). Pub. L. 98-620 struck out provision requiring the 
court to render a final decision no later than 60 days after the filing 
of the last such appeal.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 
8, 1984, see section 403 of Pub. L. 98-620, set out as a note under 
section 1657 of Title 28, Judiciary and Judicial Procedure.


                             Effective Date

    Section effective Oct. 14, 1980, see section 710(d) of Pub. L. 96-
448, set out as an Effective Date of 1980 Amendment note under section 
1170 of Title 11, Bankruptcy.
