Davilla v. Brunswick Balke Collender Co.

LEIBELL, District Judge.

There are two motions before the court in this matter, (1) for an order confirming the master’s report and dismissing the exceptions thereto, and (2) for an order assessing counsel fees for the plaintiff and consolidating said motion with the first.

I. The exceptions to the master’s report are dismissed and the report is confirmed with the exception that the award of $5,000 “for profits and damages including the statutory award” is made as a statutory award of damages in lieu of actual damages and profits. The testimony before the referee shows that the defendant…