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HAJEK v. BURLINGTON NORTHERN R.R. CO.

No. 97-36152.

186 F.3d 1105 (1999)

Kenneth D. HAJEK, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation; Montana Rail Link, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 1999.

Attorney(s) appearing for the Case

Philip G. Arnold, Stephenson & Arnold, Seattle, Washington, for the plaintiff-appellant.

Jeff Hedger, Kroschel, Yerger & Hedger, Billings, Montana, for defendant-appellee Burlington Northern Railroad Company.

Darla J. Keck and Ronald B. MacDonald (briefed), Datsopoulos, MacDonald & Lind, Missoula, Montana, for defendant-appellee Montana Rail Link, Inc.

Before: ALARCON, RYMER, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

We dismiss this appeal because the magistrate judge lacked authority to render a judgment, in the absence of express consent by all parties. A local rule provided that consent would be inferred from failure timely to object, but the rule was invalid.

FACTS

Mr. Hajek worked for many years for the Burlington Northern Railroad Company, and then for several years for Montana Rail Link, Inc. Subsequent to his employment, he sued...

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