Court of Appeals for the Fourth Circuit April 14, 1983, No. 82-1284 (1616 Reminc Ltd. Partnership v. Atchison & Keller Co.)

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United States · · · 14-04-1983

HARRISON L. WINTER, Chief Judge:

The issue presented by this case is whether Rule 810, Rules of Bankruptcy Procedure, unconstitutionally transfers the exercise of “the judicial power” of the United States from an Article III court to a non-Article III bankruptcy referee1 sitting under the 1898 Bankruptcy Act, by limiting the district court to the “clearly erroneous” standard when reviewing a

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