Court of Appeals for the Fourth Circuit June 20, 1979, No. 78-1579 (United States ex rel. Joseph Marion Building Corp. v. Dember Construction Corp.)

PER CURIAM:

The district court, following a trial to the court, filed its memorandum opinion finding in favor of the use plaintiff, but did not fix damages, and referred that matter to a Special Master.

The defendant then filed its notice of appeal, the Special Master having neither considered the matter nor reported, and no order fixing damages having been entered.