Horton v. State Street Bank & Trust Co., No. 78-1432
| Court | U.S. Court of Appeals — First Circuit |
| Writing for the Court | Before COFFIN, Chief Judge, CAMPBELL and BOWNES; LEVIN H. CAMPBELL |
| Citation | 590 F.2d 403 |
| Decision Date | 23 January 1979 |
| Docket Number | No. 78-1432 |
| Parties | 18 Fair Empl.Prac.Cas. 1812, 19 Empl. Prac. Dec. P 8977 Mary A. HORTON, Plaintiff, Appellant, v. STATE STREET BANK & TRUST COMPANY, Defendant, Appellee. |
Page 403
Dec. P 8977
v.
STATE STREET BANK & TRUST COMPANY, Defendant, Appellee.
First Circuit.
Decided Jan. 23, 1979.
William M. Leonard, Marshfield, Mass., with whom Concannon & Leonard, Marshfield, Mass., was on brief, for plaintiff, appellant.
Thomas G. Dignan, Jr., Boston, Mass., with whom Eleanor D. Acheson, and Ropes & Gray, Boston, Mass., was on brief, for defendant, appellee.
Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.
LEVIN H. CAMPBELL, Circuit Judge.
This is an action for damages brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e Et seq., by Mary A. Horton against the State Street Bank and Trust Company and one of its officers for alleged sex discrimination in the failure of the Bank to hire Horton. Upon the parties' consent and pursuant to the rules of the district court, the case was tried before a magistrate, who ruled that Horton had failed to make a showing of discrimination on the basis of sex. No review was had or sought in the district court itself. Rather an appeal was taken to this court directly from the magistrate's decision.
The first and, in view of our resolution, only question at this juncture is
Page 404
whether we have appellate jurisdiction. 28 U.S.C. § 1291 empowers a court of appeals to hear appeals from "all final decisions of the district courts of the United States." In the present case, the notice of appeal states that the appeal is from "the decision (of the) U.S. Magistrate dated August 3, 1978." On that date, the United States magistrate to whom the district court had referred the case upon the consent of the parties entered a "Memorandum of Decision" and a separate so-called "Judgment." We do not think that these documents, individually or collectively, constitute a final decision of a district court of the United States from which an appeal to this court can lie.It is true that the District Court for the District of Massachusetts has provided by local rule that "(a) district judge may, with written consent executed by all of the parties personally, refer any non-jury civil case . . . to the magistrates for the . . . conduct of the trial, and entry of findings of fact, conclusions of law, and final judgment." 1 It is also true that under the Federal Magistrates Act, 28 U.S.C. §§ 631-39, which...
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Moore v. Aegon Reinsurance Co. of America
...court within the meaning of section 1291 (see, Siers v. Morrash, 700 F.2d 113, 115 citing Horton v. State Street Bank & Trust Co., 590 F.2d 403; Matter of Mackin, 668 F.2d 122; Glover v. Alabama Board of Corrections, 651 F.2d 1014, reh'g denied, 660 F.2d 120; Metric & Multistandard Corporat......
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Matter of Seven Springs Apartments, Phase II, Bankruptcy No. 81-01382A.
...is a fundamental and exclusive power of an Article III judge. 603 F.2d at 814. See also Horton v. State Street Bank and Trust Co., 590 F.2d 403 (1st Cir.1979) (no appeal could lie from judgment entered by magistrate; discretionary authority to enter a final judgment is fundamentally an excl......
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Worksite Inspection of Quality Products, Inc., In re, No. 78-1232
...if one had been made, it could not have conferred final authority over the suppression motion. Horton v. State Street Bank & Trust Co., 590 F.2d 403 (1st Cir. In the present circumstances, therefore, the district court was entirely justified in overruling the magistrate's action. The magist......
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Giangola v. Walt Disney World Co., Civ. No. 90-2497 (DRD).
...of Article III courts. See United States v. Saunders, 641 F.2d 659, 663 (9th Cir.1980); Horton v. State Street Bank & Trust Company, 590 F.2d 403, 404 (1st Cir.1979). As the issue treated here can be disposed of on statutory grounds, I need not reach issues of Constitutional 3 Indeed, the O......
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Moore v. Aegon Reinsurance Co. of America
...court within the meaning of section 1291 (see, Siers v. Morrash, 700 F.2d 113, 115 citing Horton v. State Street Bank & Trust Co., 590 F.2d 403; Matter of Mackin, 668 F.2d 122; Glover v. Alabama Board of Corrections, 651 F.2d 1014, reh'g denied, 660 F.2d 120; Metric & Multistandard Corporat......
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Matter of Seven Springs Apartments, Phase II, Bankruptcy No. 81-01382A.
...is a fundamental and exclusive power of an Article III judge. 603 F.2d at 814. See also Horton v. State Street Bank and Trust Co., 590 F.2d 403 (1st Cir.1979) (no appeal could lie from judgment entered by magistrate; discretionary authority to enter a final judgment is fundamentally an excl......
-
Worksite Inspection of Quality Products, Inc., In re, No. 78-1232
...if one had been made, it could not have conferred final authority over the suppression motion. Horton v. State Street Bank & Trust Co., 590 F.2d 403 (1st Cir. In the present circumstances, therefore, the district court was entirely justified in overruling the magistrate's action. The magist......
-
Giangola v. Walt Disney World Co., Civ. No. 90-2497 (DRD).
...of Article III courts. See United States v. Saunders, 641 F.2d 659, 663 (9th Cir.1980); Horton v. State Street Bank & Trust Company, 590 F.2d 403, 404 (1st Cir.1979). As the issue treated here can be disposed of on statutory grounds, I need not reach issues of Constitutional 3 Indeed, the O......