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COLLINS v. FOREMAN

No. 693, Docket 83-7938.

729 F.2d 108 (1984)

Howard V. COLLINS, Plaintiff-Appellee, and United States of America, Intervenor, v. William FOREMAN, Vincent Pilleters and Terry Warden, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 22, 1984.

Attorney(s) appearing for the Case

Alfred P. Kremer, Rochester, N.Y., for plaintiff-appellee.

Michael F. Hertz, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., Peter R. Maier, Washington, D.C., of counsel), for intervenor.

Nira T. Kermisch, Rochester, N.Y. (John D. Doyle, Rochester, N.Y., of counsel), for defendants-appellants.

Before FEINBERG, Chief Judge, and OAKES and PIERCE, Circuit Judges.

FEINBERG, Chief Judge:

Defendants William Foreman, Vincent Pilleters and Terry Warden appeal from an order of the United States District Court for the Western District of New York, John T. Curtin, Ch. J., denying their motion under Fed.R.Civ.P. 60(b)(4) to vacate a judgment against them secured by plaintiff-appellee Howard V. Collins. The substantive issues on appeal are whether the provision of the Federal Magistrate Act of 1979, 28 U.S.C. § 636(c), that allows...

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