39 U.S. Code § 409 - Suits by and against the Postal Service
Historical and Revision Notes |
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1982 Act |
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Revised section |
Source (U.S. Code) |
Source (Statutes at Large) |
409(e) |
31:724a (last sentence). |
July 27, 1956, ch. 748, 70 Stat. 678, § 1302 (last sentence); added Aug. 12, 1970, Pub. L. 91–375, § 6(l)(3), 84 Stat. 782. |
The words “Notwithstanding the other provisions of this section” are omitted as unnecessary.
The Act of July 5, 1946, referred to in subsec. (d)(2)(A), is act July 5, 1946, ch. 540, 60 Stat. 427, popularly known as the Trademark Act of 1946 and also as the Lanham Act, which is classified generally to chapter 22 (§ 1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of Title 15 and Tables.
Section 5 of the Federal Trade Commission Act, referred to in subsecs. (d)(2)(B) and (e)(1)(B)(ii), is classified to section 45 of Title 15, Commerce and Trade.
The first section of the Clayton Act, referred to in subsec. (e)(1)(B), is classified to section 12 of Title 15, Commerce and Trade, and section 53 of Title 29, Labor.
The date of enactment of this subsection, referred to in subsec. (e)(3), is the date of enactment of Pub. L. 109–435, which was approved Dec. 20, 2006.
2006—Subsec. (a). Pub. L. 109–435, § 404(b), substituted “Except as otherwise provided in this title,” for “Except as provided in section 3628 of this title,”.
Subsecs. (d) to (h). Pub. L. 109–435, § 404(a), added subsecs. (d) to (h) and struck out former subsecs. (d) and (e), which read as follows:
“(d) The Department of Justice shall furnish, under section 411 of this title, the Postal Service such legal representation as it may require, but with the prior consent of the Attorney General the Postal Service may employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in matters affecting the Postal Service.
“(e) A judgment against the Government of the United States arising out of activities of the Postal Service shall be paid by the Postal Service out of any funds available to the Postal Service.”
1982—Subsec. (e). Pub. L. 97–258 added subsec. (e).
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.