What is the legal test for a judge to be appointed under the Court of Appeal designation?

MultiRegion, United States of America

The following excerpt is from Leary v. United States, 268 F.2d 623 (9th Cir. 1959):

13 In effect, the period of service established by the designation defines the office of the assigned judge. "Where no office legally exists, the pretended officer is merely a usurper, to whose acts no validity can be attached * * *." Norton v. Shelby County, 118 U.S. 425, 449, 6 S.Ct. 1121, 1129, 30 L.Ed. 178.

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