COLORADO BLDG. & CONST. TR. COUN. v. B.B. ANDERSEN CONST. CO., INC.

No. 89-1091.

879 F.2d 809 (1989)

COLORADO BUILDING AND CONSTRUCTION TRADES COUNCIL, an unincorporated labor organization, Garnisher-Plaintiff, v. B.B. ANDERSEN CONSTRUCTION CO., INC., a Kansas corporation, Defendant. BANK IV, TOPEKA, N.A., Intervenor-Appellee, v. REGIONAL TRANSPORTATION DISTRICT, Garnishee/Assignee-Appellant.

United States Court of Appeals, Tenth Circuit.

July 20, 1989.


Attorney(s) appearing for the Case

Jan E. Montgomery of Hamilton, Myer, Swanson, Faatz & Clark, Denver, Colo., for intervenor-appellee.

Robert H. Winter of Wolf & Slatkin, Denver, Colo., for garnishee/assignee-appellant.

Before LOGAN, SEYMOUR and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

This appeal presents the issue of whether the United States Magistrates Act, 28 U.S.C. §§ 631-639, empowers a magistrate to enter a final appealable order in a post-judgment dispute among competing creditors of a judgment debtor without the creditors' express consent. We hold that it does not.

I.

Pursuant to a Stipulation and Consent to Entry of Judgment dated November 4, 1986, the Colorado district court in this...

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