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LYONS v. RAINIER MFG. CO., INC.

Nos. 76-2051, 77-2467.

594 F.2d 1236 (1979)

Ralph LYONS and Bettye Lyons, husband & wife, d/b/a, Lyons Logging Co., Appellants, v. RAINIER MANUFACTURING CO., INC., a corporation, Appellee. Ralph LYONS and Bettye Lyons, husband & wife, d/b/a, Lyons Logging Co., Appellees, v. RAINIER MANUFACTURING CO., INC., a corporation, Appellant.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing April 30, 1979.

Attorney(s) appearing for the Case

John Gavin (argued), of Gavin, Robinson, Kendrick, Redman & Mays, Yakima, Wash., for appellants.

William F. Lenihan (argued), of Lenihan, Ivers, Jensen & McAteer, Seattle, Wash., for appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and WILLIAMS, District Judge.

PER CURIAM:

Through no one's fault, the district judge trying this action for breach of contract had to be absent from the place of trial while the jury finished its deliberations. A substitute judge agreed to receive the verdict. During deliberation the substitute communicated with the obviously confused jury1 and later received its unusual verdict2 without informing...

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