Kenneth D. Hajek v. Burlington Northern Railroad Company, a Corporation Montana Rail Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
KLEINFELD, Circuit Judge:
We dismiss this appeal because the magistrate judge lacked authority to render a judgment, in the absence of express consent by all parties. A local rule provided that consent would be inferred from failure timely to object, but the rule was invalid.
FACTS
Mr. Hajek worked for many years for the Burlington Northern Railroad Company, and then for several years for Montana Rail Link, Inc. Subsequent to his employment, he sued the two railroads for injuries to his back. The case was assigned by the United States District Court for the District of Montana to a United States…
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