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PURYEAR v. EDE'S LTD.

No. 83-4312 Summary Calendar.

731 F.2d 1153 (1984)

Robert & Nina PURYEAR, Plaintiffs-Appellees, v. EDE'S LTD., etc., et al., Defendants, Charles Eilert and Edith Eilert, individually, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 30, 1984.

Attorney(s) appearing for the Case

Clyde Hurlbert, Biloxi, Miss., for defendants-appellants.

Acevedo & Tisdale, Robert M. Acevedo, Biloxi, Miss., for plaintiffs-appellees.

Before TATE, GARWOOD and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

After consent by all parties, this diversity case was referred to a magistrate for trial and the entry of final judgment. 28 U.S.C. § 636(c). Appellants, relying on Pacemaker Diagnostic Clinic of America, Inc. v. Instromedix, 712 F.2d 1305 (9th Cir.1983), claim that magistrates in trying such cases exercise powers reserved under the Constitution to Article III judges.

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