ARCHIE v. CHRISTIAN

No. 84-2175.

808 F.2d 1132 (1987)

Paul Edward ARCHIE, et al., Plaintiffs, Paul Edward Archie, Plaintiff-Appellant, v. David A. CHRISTIAN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 4, 1987.


Attorney(s) appearing for the Case

Paul E. Archie, pro se.

M. Lawrence Wells, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL, and JONES, Circuit Judges.


GEE, Circuit Judge:

This appeal concerns the power of a United States Magistrate to conduct a jury trial pursuant to the 1979 Magistrate's Act, 28 U.S.C. Sections 631-639. We conclude that he may do so only with the voluntary consent of all parties to the case, who may not be compelled to accept a trial so conducted. Even so because, in the circumstances presented, it appears that the refusal of one of the parties to consent resulted in merely a procedural error and...

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