WOODBURY v. UNITED STATES

No. 17585.

313 F.2d 291 (1963)

Ray B. WOODBURY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 28, 1963.


Attorney(s) appearing for the Case

King, Miller, Anderson, Nash & Yerke, Norman J. Wiener and Jean P. Lowman, Portland, Or., for appellant.

Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Sidney I. Lezak, Acting U. S. Atty., Alan S. Rosenthal, John W. Boult and John G. Laughlin, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge.

Woodbury's appeal comes before us upon a judgment of dismissal for lack of jurisdiction, made final pursuant to Rule 54(b) F.R.Civ.P. There is a counterclaim pending. Both parties accept the trial court's findings as to the facts, embodied in a written opinion, and we take our statement from that opinion.

Woodbury claims the right to recover $853,676.82 from the United States under the Federal Tort Claims Act (28 U.S.C. §§...

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