Legal Opinion
Marathon Pipeline Co. v. Northern Pipeline Construction Co.
District Court, D. Minnesota
Decided July 24, 1981No. Civ. 4-80-589PublishedCited by 41 opinions
1Opinion of the Court
ORDER
MILES W. LORD, District Judge.
The Court, having heard the arguments of counsel and considered the files, briefs, and all relevant material, has concluded that the petitioner’s motion to dismiss is meritorious and that the delegation of authority in 28 U.S.C. § 1471 to the Bankruptcy Judges to try cases which are otherwise relegated under the Constitution to Article III judges is an unconstitutional delegation of authority. 1
Accordingly, IT IS HEREBY ORDERED That the adversary proceeding instituted by Northern Pipeline Construction Co. against Marathon Pipeline pursuant to the provisions…
2Cases cited14 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Crowell v. BensonSupreme Court of the United States · 1932
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Wayman v. SouthardSupreme Court of the United States · 1825
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
9 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
- Hirsch v. London Steamship Owners' Mutual Life Insurance (In Re Seatrain Lines, Inc.)District Court, S.D. New York · 1996
- Shaford Companies v. Curr International Coffees, Inc. (In Re Shaford Companies)United States Bankruptcy Court, D. New Hampshire · 1985
36 more not listed; retrieve them via the Exa API.