Legal Opinion
DeCosta v. Columbia Broadcasting System, Inc.
District Court, D. Rhode Island
Decided September 23, 1974No. Civ. A. 3130PublishedCited by 4 opinions
1Opinion of the Court
OPINION
PETTINE, Chief Judge.
The question being decided by the Court today is whether an order of reference to the Magistrate of this district for “hearing and determination” of a civil non-jury case by stipulation of the parties and counsel was ultra vires and beyond the jurisdiction delegated to United States Magistrates under Title 28 U.S.C. § 636(b); violative of defendants’ constitutional rights and void ab initio.
A three count complaint was filed in this controversy and by agreement of the parties Count One was tried to a jury before another judge of this Court with Counts Two and Three,…
2Cases cited30 opinions
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- La Buy v. Howes Leather Co.Supreme Court of the United States · 1957
- Palmore v. United StatesSupreme Court of the United States · 1973
- Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
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3Cited by4 opinions
- Victor Decosta v. Columbia Broadcasting System, Inc.Court of Appeals for the First Circuit · 1975
- Fed. Sec. L. Rep. P 95,076 Exchange National Bank of Chicago v. Inzer B. Wyatt, United States District Judge, Southern District of New York, and Roy Babitt, Bankruptcy Judge, Southern District of New York, Securities and Exchange Commission v. Weis Securities, Inc.Court of Appeals for the Second Circuit · 1975
- Exchange National Bank v. WyattCourt of Appeals for the Second Circuit · 1975
- Victor Decosta v. Columbia Broadcasting System, Inc.Court of Appeals for the First Circuit · 1975