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NORTHERN PIPELINE CONSTRUCTION CO. v. MARATHON PIPE LINE CO.

No. 81-150.

458 U.S. 50 (1982)

102 S.Ct. 2858

73 L.Ed.2d 598

NORTHERN PIPELINE CONSTRUCTION CO. v. MARATHON PIPE LINE CO. ET AL.

Supreme Court of United States.

Decided June 28, 1982.

Attorney(s) appearing for the Case

John L. Devney argued the cause for appellant in No. 81-150. With him on the briefs was Jeffrey F. Shaw. Solicitor General Lee argued the cause for the United States in both cases. With him on the briefs were Assistant Attorney General McGrath, Deputy Solicitor General Shapiro, Alan I. Horowitz, William Kanter, and Michael F. Hertz.

Melvin I. Orenstein argued the cause for appellee Marathon Pipe Line Co. With him on the brief were Charles S. Cassis, John E. Compson, and Kenneth J. Orlowski.†

JUSTICE BRENNAN announced the judgment of the Court and delivered an opinion, in which JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE STEVENS joined.

The question presented is whether the assignment by Congress to bankruptcy judges of the jurisdiction granted in 28 U. S. C. § 1471 (1976 ed., Supp. IV) by § 241(a) of the Bankruptcy Act of 1978 violates Art. III of the Constitution.

I

A

In 1978, after almost 10 years of study and...

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