ELR Citation: ELR 20774
No(s). 85-1598 (8th Cir. Jul 18, 1985)

The court holds that reference of liability issues to a Special Master in a case initiated under the Comprehensive Environmental Response, Compensation, and Liability Act was improper, but upholds the reference with regard to pretrial matters and damages. First, the court notes that Federal Rule of Civil Procedure 53(b) and cases interpreting it make reference to a master the exception and not the rule. The court then holds that the district court erred in granting the master authority to preside at trial on the merits of the case, but that such authority was proper concerning pretrial matters, including discovery and summary judgment motions, and after trial to conduct evidentiary hearings to determine damages owed by any parties found liable or to supervise any injunctive relief granted.

Counsel for Petitioners
S. William Livingston
Covington & Burling
1201 Pennsylvania Ave., P.O. Box 7566, Washington DC 20044
(202) 662-6000

Counsel for Respondents
David C. Shilton
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5580

James Jeans
5100 Rockhill Rd., Kansas City MO 64110
(816) 276-1581

Kenneth Josephson, Ass't U.S. Attorney
811 Grand Ave., Kansas City MO 64106
(816) 374-3122