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WHARTON-THOMAS v. UNITED STATES

No. 82-5555.

721 F.2d 922 (1983)

Jane WHARTON-THOMAS, Appellant, v. UNITED STATES of America, United States Post Office and Pasquale J. Di Francisco, jointly, severally and/or in the alternative, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 23, 1983.

As Corrected December 1, 1983.

Rehearing and Rehearing Denied December 20, 1983.

Attorney(s) appearing for the Case

Lorraine A. Di Cintio, Ballen, Keiser & Denker, Camden, N.J., for appellant.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., W. Hunt Dumont, U.S. Atty., Newark, N.J., Michael F. Hertz, Peter R. Maier, Attys., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., Bette E. Uhrmacher, Asst. U.S. Atty., Trenton, N.J., on brief, for appellee.

Before WEIS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 13, 1983.

Rehearing and Rehearing In Banc Denied December 20, 1983.

OPINION OF THE COURT

WEIS, Circuit Judge.

This appeal is from a judgment entered by a magistrate after a bench trial. The parties had consented to trial and entry of judgment in accordance with 1979 amendments to Federal Magistrates Act. We conclude that this procedure does not violate Article III of the United States Constitution...

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