28 U.S.C. § 113

North Carolina

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North Carolina is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of North Carolina.

Eastern District

(a) The Eastern District comprises the counties of Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Vance, Wake, Warren, Washington, Wayne, Wilson, those portions of Hoke, Moore, Scotland, and Richmond counties encompassing the Fort Bragg Military Reservation and Camp Mackall, and that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina.

Court for the Eastern District shall be held at Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, Wilmington, and Wilson.

Middle District

(b) Middle District.—The Middle District comprises the counties of Alamance, Cabarrus, Caswell, Chatham, Davidson, Davie, Durham (excluding that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina), Forsyth, Guilford, Hoke (excluding that portion of Hoke County encompassing the Fort Bragg Military Reservation and Camp Mackall), Lee, Montgomery, Moore (excluding that portion of Moore County encompassing the Fort Bragg Military Reservation and Camp Mackall), Orange, Person, Randolph, Richmond (excluding that portion of Richmond County encompassing the Fort Bragg Military Reservation and Camp Mackall), Rockingham, Rowan, Scotland (excluding that portion of Scotland County encompassing the Fort Bragg Military Reservation and Camp Mackall), Stanly, Stokes, Surry, and Yadkin.

Court for the Middle District shall be held at Durham, Greensboro, and Winston-Salem.

Western District

(c) The Western District comprises the counties of Alexander, Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Polk, Rutherford, Swain, Transylvania, Union, Watauga, Wilkes, and Yancey.

Court for the Western District shall be held at Asheville, Bryson City, Charlotte, Shelby, and Statesville.

Notes of Decisions

Cited in 93 cases (28 in the last 5 years), 1929–2026 · leading case: Martin v. Lain Oil & Gas Co., 36 F. Supp. 252 (E.D. Ill. 1941).

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Martin v. Lain Oil & Gas Co., 36 F. Supp. 252 (E.D. Ill. 1941). · cites it 3× “113, 28 U.S.C.A. § 113 . The answering briefs of counsel for the plaintiff, a brief amicus curiae in support of the court’s jurisdiction, and the reply brief of the defendant were filed in regular order.”

United States v. Leroy Baker, 45 F.3d 837 (4th Cir. 1995). “See 28 U.S.C. § 113 (a). . Four Justices expressed the view that due process entitles a civil commitment respondent to representation by an attorney.”

Stonite Prods. Co. v. Melvin Lloyd Co., 315 U.S. 561 (1942). “§ 109 ) is the sole provision governing the venue of patent infringement litigation, or whether that section is supplemented *562 by § 52 of the Judicial Code ( 28 U. S. C. § 113 ). Section 48 gives jurisdiction of suits for patent infringement to the United States district…”

Carbide & Carbon Chemicals Corp. v. United States Indus. Chemicals, Inc., 140 F.2d 47 (4th Cir. 1944). “52 of the Judicial Code, 28 U.S.C.A. § 113 , allowing suits based on diversity of citizenship against two defendants residing in different Districts of the same state to be brought in either District.”

McLouth Steel Corp. v. Marblehead Lime Co. (In Re McLouth Steel Corp.), 55 B.R. 357 (E.D. Mich. 1985). “28 U.S.C. §§ 113 ,121(a), 122(c). In Re O'Bannon, 49 B.”

Suttle v. Reich Bros. Constr. Co., 333 U.S. 163 (1948). “The section in its entirety follows: “When a State contains more than one district, every suit not of a local nature, in the district court thereof, against a single defendant, inhabitant of such State, must be brought in the district where he resides; but if there are two or…”

Sheppard v. Atl. States Gas Co. of Pennsylvania, Inc., 167 F.2d 841 (3rd Cir. 1948). “The section in its entirety follows: “When a State contains more than one district, every suit not of a local nature, in the district court thereof, against a single defendant, inhabitant of such State, must be brought in the district where he resides; but if there are two or…”

Creager v. P. F. Collier & Son Co., 36 F.2d 781 (S.D. Tex. 1929). · cites it 2× “(2) That the process was lawfully issued and served, (a) because the suit was of a local nature; (b) because under section 52 of the Judicial Code, section 113, United States Code, Title 28 (28 USCA § 113), and section 10 of the Act of 1902 ( 32 Stat.”

Joseph P. Ruth, Sometimes Also Known as J. P. Ruth v. The Eagle-Picher Co., a Corp., 225 F.2d 572 (10th Cir. 1955). “1 *574 The question here presented is whether § 1400 is the sole provision governing patent infringement cases, or whether it is supplemented by § 1391(c).”

United States v. Morgan, 305 F. App'x 61 (4th Cir. 2008). “See 28 U.S.C. § 113 (a) (2000). The district court in the Western District of Virginia therefore does not have jurisdiction over this § 2241 proceeding.”

McLean v. Mississippi Ex Rel. Roy, 96 F.2d 741 (5th Cir. 1938). “On the second question, we hold that the sheriff’s bond is not suable for what happened in the State of Tennessee.”

Blaw-Knox Co. v. Lederle, 151 F.2d 973 (6th Cir. 1945). “It is likewise independent of § 52, 28 U.S.C.A. § 113 . Like conclusions were reached in Bulldog Electric Products Co.”

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