Howard v. Collins, and United States of America, Intervenor v. William Foreman, Vincent Pilleters and Terry Warden

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 a magistrate to try a civil case and enter a final judgment upon the consent of the parties is constitutional and whether appellants’…