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D.L. AULD CO. v. CHROMA GRAPHICS CORP.

Appeal No. 84-1381.

753 F.2d 1029 (1985)

The D.L. AULD COMPANY, Appellant, v. CHROMA GRAPHICS CORP., Appellee, and The United States, Intervenor.

United States Court of Appeals, Federal Circuit.

January 28, 1985.

Attorney(s) appearing for the Case

John O. Henry, Porter, Wright, Morris & Arthur, Dayton, Ohio, argued for appellant. With him on brief was Michael R. Schmidt, Porter, Wright, Morris & Arthur, Cincinnati, Ohio, and Thomas S. Scott, Jr., Arnett, Draper & Hagood, Knoxville, Tenn., of counsel.

Andrew S. Neely, Luedeka & Neely, P.C., Knoxville, Tenn., argued for appellee. With him on brief was Edwin M. Luedeka, Knoxville, Tenn.

Harold J. Krent, Dept. of Justice, Washington, D.C., argued for intervenor. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., William Kanter and Peter R. Maier, Washington, D.C.

Before FRIEDMAN, BALDWIN and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from an order of the United States District Court for the Eastern District of Tennessee, entered by a United States magistrate, denying the appellant's motion under Rule 60(b) of the Federal Rules of Civil Procedure for relief from a judgment granting summary judgment in favor of the appellee. The Rule 60(b) motion contended that the provisions of the Federal Magistrates Act of 1979 authorizing a magistrate, when designated...

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