H & F BARGE CO., INC. v. GARBER BROS., INC.

No. 74-3872.

534 F.2d 1103 (1976)

H & F BARGE COMPANY, INC., Plaintiff-Appellee, v. GARBER, BROTHERS, INC. and Charles L. Garber, Individually, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 6, 1976.


Attorney(s) appearing for the Case

Joaquin Campoy, William S. Stone, New Orleans, La., for defendants-appellants.

Charles M. Steen, F. Kelleher Riess, Bruce A. North, New Orleans, La., for plaintiff-appellee.

Before WISDOM, GODBOLD and LIVELY, Circuit Judges.


PER CURIAM:

With the following addition, the judgment below is affirmed on the basis of the opinions of the district court appearing at 71 F.R.D. 5.

The defendant contends that appointment of a magistrate as special master to determine damages was reversible error. The magistrate was not appointed pursuant to the Federal Magistrate's Act, 28 U.S.C. § 636(b)(1), nor under Fed.R.Civ.P. 53(b), but explicitly under Rule 55(b)(2). The matter is not jurisdictional...

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