PACEMAKER DIAG. CLINIC v. INSTROMEDIX, INC.

Nos. 82-3152, 82-3182.

712 F.2d 1305 (1983)

PACEMAKER DIAGNOSTIC CLINIC OF AMERICA, INC., a Tennessee Corporation, Plaintiff-Appellant, Cross-Appellee, v. INSTROMEDIX, INC., an Oregon Corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted March 31, 1983.

Decided August 5, 1983.

As Amended October 3, 1983.


Attorney(s) appearing for the Case

J. Pierre Kolisch, Kolisch, Hartwell, Dickinson & Stuart, Portland, Or., for defendant-appellee, cross-appellant.

Sherman O. Parrett, Cushman, Darby & Cushman, Washington, D.C., for plaintiff-appellant, cross-appellee.

Before FERGUSON, BOOCHEVER, and NORRIS, Circuit Judges.


BOOCHEVER, Circuit Judge:

This case concerns the constitutionality of section 636(c) of the Magistrates Act which allows magistrates, with consent of the parties to the litigation, to conduct civil trials and enter judgments. 28 U.S.C. § 636(c) (Supp. V 1981). Because this procedure offends article III of the Constitution, we reverse and remand for de novo review by the district court.

FACTS

Pacemaker Diagnostic Clinic of America, Inc...

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