06/03/2010 12:01:00 PM EST
Northern Pipeline Construction Company v. Marathon Pipe Line Company, 458 U.S. 50 (June 28, 1982)
LexisNexis Overview: The
Bankruptcy Act of 1978's assignment of jurisdiction to bankruptcy courts of all
civil proceedings arising under or related to cases filed under Title 11 was
found to have violated art. III of the United States Constitution.
Counsel: 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
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.
Briefs of amici curiae urging reversal were filed by Louis W. Levit for the
Commercial Law League of America; and by Helen Davis Chaitman, Joel B. Zweibel,
Theodore Gewertz, and Peter Buscemi for the Committee on Bankruptcy and
Corporate Reorganization of the Association of the Bar of the City of New York.
Abe Fortas, Henry F. Field, Phil C. Neal, and Joseph M. Berl filed a brief for Beneficial
Corp. as amicus curiae.
Judges: BRENNAN, J.,
announced the judgment of the Court and delivered an opinion, in which
MARSHALL, BLACKMUN, and STEVENS, JJ., joined. REHNQUIST, J., filed an opinion
concurring in the judgment, in which O'CONNOR, J., joined, post, p. 89. BURGER,
C. J., filed a dissenting opinion, post, p. 92. WHITE, J., filed a dissenting
opinion, in which BURGER, C. J., and POWELL, J., joined, post, p. 92.
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