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U.S. Code as of:
01/19/04
Section 79x. Court review of orders
(a) Petition; jurisdiction; findings of Commission; additional
evidence; finality
Any person or party aggrieved by an order issued by the
Commission under this chapter may obtain a review of such order in
the United States court of appeals within any circuit wherein such
person resides or has his principal place of business, or in the
United States Court of Appeals for the District of Columbia, by
filing in such court, within sixty days after the entry of such
order, a written petition praying that the order of the Commission
be modified or set aside in whole or in part. A copy of such
petition shall be forthwith transmitted by the clerk of the court
to any member of the Commission, or any officer thereof designated
by the Commission for that purpose, and thereupon the Commission
shall file in the court the record upon which the order complained
of was entered, as provided in section 2112 of title 28. Upon the
filing of such petition such court shall have jurisdiction, which
upon the filing of the record shall be exclusive, to affirm,
modify, or set aside such order, in whole or in part. No objection
to the order of the Commission shall be considered by the court
unless such objection shall have been urged before the Commission
or unless there were reasonable grounds for failure so to do. The
findings of the Commission as to the facts, if supported by
substantial evidence, shall be conclusive. If application is made
to the court for leave to adduce additional evidence, and it is
shown to the satisfaction of the court that such additional
evidence is material and that there were reasonable grounds for
failure to adduce such evidence in the proceeding before the
Commission, the court may order such additional evidence to be
taken before the Commission and to be adduced upon the hearing in
such manner and upon such terms and conditions as to the court may
seem proper. The Commission may modify its findings as to the facts
by reason of the additional evidence so taken, and it shall file
with the court such modified or new findings, which, if supported
by substantial evidence, shall be conclusive, and its
recommendation, if any, for the modification or setting aside of
the original order. The judgment and decree of the court affirming,
modifying, or setting aside, in whole or in part, any such order of
the Commission shall be final, subject to review by the Supreme
Court of the United States upon certiorari or certification as
provided in section 1254 of title 28.
(b) Stay of Commission's order
The commencement of proceedings under subsection (a) of this
section shall not, unless specifically ordered by the court,
operate as a stay of the Commission's order.
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