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MARATHON PIPELINE CO. v. NORTHERN PIPELINE CONSTRUCTION CO.

Civ. No. 4-80-589.

12 B.R. 946 (1981)

MARATHON PIPELINE COMPANY, Petitioner, v. NORTHERN PIPELINE CONSTRUCTION CO., Respondent.

United States District Court, D. Minnesota, Fourth Division.

Supplemental Opinion July 24, 1981.

Attorney(s) appearing for the Case

Lindquist & Vennum by Melvin I. Orenstein, Minneapolis, Minn., for defendant.

Briggs & Morgan by John Devney, St. Paul, Minn., for plaintiff.

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...

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