In Re Black & White Cattle Co.
Black & White Cattle Co. v. Shamrock Farms Co. (In Re Shamrock Farms Co.)
Opinion
Opinion
Hall, J.
ORDER GRANTING PLAINTIFF/AP-PELLEE’S MOTION TO DISMISS
This matter is before the Court on plaintiff/appellee’s motion to dismiss for lack of subject matter jurisdiction. The Court has considered the points and authorities submitted by the parties and the oral argument of counsel.
IT IS HEREBY ORDERED that plaintiff/appellee’s motion to dismiss is granted. This Order is based upon the considerations stated below.
This case is an appeal from an order granting Second Partial Summary Judgment to plaintiff, entered on December 14, 1982, by Judge Ashland of the United States Bankruptcy Court for the Central District of California. Defendants filed a Notice of Appeal on December 22, 1982 with the Bankruptcy Appellate Panels for the Ninth Circuit, which were established by the Judicial Council of the Ninth Circuit pursuant to 28 U.S.C. § 160 . On December 24, 1982, the stay of the Supreme Court’s decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 , 102 S.Ct. 2858 , 73 L.Ed.2d 598 (1982) (“Marathon") expired. Marathon declared that the delegation of original jurisdiction to the Bankruptcy Court, 28 U.S.C. § 1471 , violated article III of the…