NOTES TO RULE 40
Notes of Advisory Committee on Rules.
USC, Title 28, former § 769 (Notice of case for trial) is modified. See former Equity Rule 56 (On Expiration of Time for Depositions, Case Goes on Trial Calendar). See also former Equity Rule 57 (Continuances).
For examples of statutes giving precedence, see USC, Title 28, formerly § 47 (now §§ 1253, 2101, 2325) (Injunctions as to orders of Interstate Commerce Commission); formerly § 380 (now §§ 1253, 2101, 2284) (Injunctions alleged unconstitutionality of state statutes); formerly § 380a (now §§ 1253, 2101, 2284) (Same; Constitutionality of federal statute); former § 768 (Priority of cases where a state is party); Title 15, § 28 (Antitrust laws; suits against monopolies expedited); Title 22, § 240 (Petition for restoration of property seized as munitions of war, etc.); and Title 49, § 44 (Proceedings in equity under interstate commerce laws; expedition of suits).