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UNITED STATES v. LUNDSTROM

No. 10322.

139 F.2d 792 (1943)

UNITED STATES v. LUNDSTROM et al. LUNDSTROM et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 20, 1943.

Attorney(s) appearing for the Case

Carl C. Donaugh, U. S. Atty., and William H. Hedlund, Asst. U. S. Atty., both of Portland, Ore., for appellant the United States.

Cheney & Hutcheson, Joseph C. Cheney, Elwood Hutcheson, and John Gavin, all of Yakima, Wash., and Bischoff & Bischoff and S. J. Bischoff, all of Portland, Ore. for appellant Lundstrom et al.

Before GARRECHT, STEPHENS, and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

For the period herein concerned John G. and W. B. Lundstrom constitute a copartnership under the firm name and style of Western Auto Express. The copartners as plaintiffs in the district court were awarded a money judgment against the United States under the Tucker Act of March 3, 1887, c. 359, 24 Stat. 505, Title 28 U.S.C.A. Sec. 41(20), for the reasonable value of services performed under a contract. The United States, defendant below, appeals...

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