DeCOSTA v. COLUMBIA BROADCASTING SYSTEM, INC.

Civ. A. No. 3130.

383 F.Supp. 326 (1974)

Victor DeCOSTA v. COLUMBIA BROADCASTING SYSTEM, INC., et al.

United States District Court, D. Rhode Island.

September 23, 1974.


Attorney(s) appearing for the Case

Alan T. Dworkin, Leonard Michaelson, Providence, R. I., for plaintiff.

Knight Edwards, Edwards & Angell, Providence, R. I., Eugene L. Girden, Coudert Brothers, New York City, for defendants.


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...

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