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1616 REMINC LTD. PARTNERSHIP v. ATCHISON & KELLER

No. 82-1284.

704 F.2d 1313 (1983)

1616 REMINC LIMITED PARTNERSHIP, Appellant, v. ATCHISON & KELLER COMPANY; Atchison & Keller, Inc.; Roland E. Kinser; Tony Yaksh; Peerless Insurance Company; Appellees. In re 1616 REMINC LIMITED PARTNERSHIP, Debtor.

United States Court of Appeals, Fourth Circuit.

Decided April 14, 1983.

Attorney(s) appearing for the Case

Mark C. Ellenberg, Washington, D.C. (Stephen N. Shulman, Cadwalader, Wickersham & Taft, Washington, D.C., James A. Newell, Arlington, Va., Holywell Corp., Miami, Fla., on brief), for appellant.

Mark P. Friedlander, Arlington, Va. (Friedlander & Brooks P.C., Robert C. Coleburn, Simmonds, Coleburn & Towner, Arlington, Va., Alexander M. Heron, Holland & Knight, Washington, D.C., on brief), for appellees.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

The issue presented by this case is whether Rule 810, Rules of Bankruptcy Procedure, unconstitutionally transfers the exercise of "the judicial power" of the United States from an Article III court to a non-Article III bankruptcy referee1 sitting under the 1898 Bankruptcy Act, by limiting the district court to the "clearly erroneous" standard when reviewing a compulsory breach of contract counterclaim adjudicated...

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