Opinion · Court of Appeals for the Eighth Circuit

In Re Armco, Inc., at & T Technologies, Inc., Fmc Corporation, and International Business MacHines Corporation

In Re Armco, Inc., at & T Technologies, Inc., Fmc Corp., & Int’l Bus. Machs. Corp., 770 F.2d 103 (8th Cir. 1985)

Type: Opinion
Court: Court of Appeals for the Eighth Circuit
Jurisdiction: Federal
Date: 1985-07-18
Topic: general

How later courts describe this case

concluding that, under Rule 53, the "district court erred in granting the master authority to preside at trial on the merits of this case"
"Beyond matters of account, difficult computation of damages, and unusual discovery, it is difficult to conceive of a reference of a nonjury case that will meet the rigid standards of the La Buy decision."

Citator

UpLaw has not yet analyzed In Re Armco, Inc., at & T Technologies, Inc., Fmc Corporation, and International Business MacHines Corporation. The absence of a flag is not a finding that it is good law.

Cited by: 32 opinions

IN RE ARMCO, INC.,770 F.2d 103(8th Cir. 1985)

IN RE ARMCO, INC., AT T TECHNOLOGIES, INC., FMC CORPORATION, AND

INTERNATIONAL BUSINESS MACHINES CORPORATION, PETITIONERS.

No. 85-1598.

United States Court of Appeals, Eighth Circuit.

Submitted May 10, 1985.

Decided July 18, 1985.

Page 104

Charles J. O'Connor, Arvey Hodes Costello Burman, Lawrence A. McHugh, Rooks, Pitts Poust, Chicago, Ill., Richard E. Schwartz, Collier, Shannon, Rill Scott, Washington, D.C., Gary L. Whittier, Shook, Hardy Bacon, Robert H. Freilich, Freilich, Leitner Carlisle, P.C., F. Kirwan Michael Elbein, Margolin and Kirwan, Kansas City, Mo., John Cromer Kenneth Maher, Mishkin, Cromer, Eaglesfield Maher, Indianapolis, Ind., William T. Session, Lind, Thomson, Fairchild, Langworthy, Kohn Van Dyke, James Horn, Blackwell, Sanders, Matheny, Weary Lombardi, James W. Benjamin, Field, Gentry, Benjamin Robertson, Kansas City, Mo., for petitioners.

J. Jeffrey McNealey, Porter, Wright, Morris Arthur, Columbus, Ohio, S. William Livingston, Jr., Covington Burling, Washington, D.C., James F. Duncan, Watson, Ess, Marshall Enggas, Kansas City, Mo., for IBM.

Scott O. Wright, U.S. District Judge, Slagle Bernard, Kansas City, Mo., for third parties.

Terry L. Karnaze, Niewald, Waldeck, Norris Brown, Kansas City, Mo., for Conservation Chemical.

Robert M. Kroenert, Morrison, Hecker, Curtis Kuder Parrish, Kansas City, Mo., for ARMCO.

John Cermak, Washington, D.C., Kenneth Josephson, U.S. Dept. of Justice, Kansas City, Mo., for the U.S.

Jerome T. Wolf, Spencer, Fane, Britt Brown, Kansas City, Mo., for AT T Technologies, Inc.

John M. Kilroy, Shughart, Thompson Kilroy, Kansas City, Mo., for FMC Corp.

Ramon J. Morganstern, Michael J. McKitrick, Barbara Blee Maille, St. Louis, Mo., Robert Presson, Jefferson City, Mo., Margaret M. Mooney, St. Louis, Mo., for Special School District.

Before HEANEY and ROSS, Circuit Judges, and HENLEY, Senior Circuit Judge.

PER CURIAM.

[1] Armco, Inc., FMC Corporation, IBM Corporation, and AT T Technologies, Inc., petition this Court for a writ of mandamus to revoke the authority of the Special Master to prepare a report and recommendation pertaining to liability and remedy in this environmental litigation initiated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),42 U.S.C. § 9606(a) and9607(a). The government's response to the petition for writ of mandamus also urged the revocation of the Special Master's authority to preside at trial. In a separate filing, the district court defended its reference to the master. After a careful review of the materials submitted by all the parties, we uphold the district court's reference to the Special Master, but with specified limitations on the master's authority.Page 105

[2] The standard for evaluating references to a master is set out in Fed.R.Civ.P.53(b), which provides in pertinent part:

A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it.

[3] The courts have tended to read the rule somewhat narrowly, closely circumscribing the range of circumstances in which reference to a master is appropriate. InLaBuy v. HowesLeather,352 U.S. 249,77 S.Ct. 309,1 L.Ed.2d 290(1957), the Supreme Court approved the Seventh Circuit's authority to issue a writ of mandamus requiring a district court judge to vacate his order of reference. The Court rejected as "exceptional circumstances" congestion of the court's docket, complexity of the referred case and anticipated length of trial. The Court noted, however, that "the detailed accounting required in order to determine the damages suffered by each plaintiff might be referred to a master after the court has determined the over-all liability of defendants[.]"Id.at 259,77 S.Ct. at 315. This Court has also restricted the circumstances in which reference is proper: "Beyond matters of account, difficult computation of damages, and unusual discovery, `it is difficult to conceive of a reference of a nonjury case that will meet the rigid standards of theLaBuydecision.'"Liptak v. United States,748 F.2d 1254,1257(8th Cir. 1984) (quoting 9 C. Wright A. Miller,FederalPractice and Procedure§ 2605 at 791 (1971)).

[4] The principal matter at issue is the scope of the district court's reference to the magistrate; petitioners complain that the circumstances do not justify reference of all pretrial and discovery matters as well as the conduct of trial on the merits, including the preparation of findings of fact and conclusions of law. AlthoughLaBuyandLiptaklimit the authority of the master,LaBuywas a case in which a district court had abused its authority to appoint masters. Other cases help ascertain the breadth of his powers within those limits.California v. Texas,459 U.S. 963,103 S.Ct. 288,74 L.Ed.2d 274(1982) (mem.);Costello v. Wainwright,387 F. Supp. 324,327(M.D. Fla. 1973);Biechele v. Norfolk Western Ry.,309 F. Supp. 354,359(N.D.Ohio 1969).

[5] We believe that the district court erred in granting the master authority to preside at trial on the merits of this case. We also believe, however, that the district court acted properly in granting the master the broad authority to supervise and conduct pretrial matters, including discovery activity, the production and arrangement of exhibits and stipulations of fact, the power to hear motions for summary judgment or dismissal and to make recommendations with respect thereto. If the district court determines that liability rests with some or all of the parties, it may request the master to conduct evidentiary rehearings with respect to damages and alternative relief and make recommendations with respect to these matters. It may also direct the magistrate to monitor and supervise any injunctive relief granted and to make reports to it with respect to compliance with any decrees entered.

[6] Therefore, we issue the writ of mandamus and direct the district court to revise its reference of this case to the master, in accordance with the opinion of this Court.Page 106