United States v. Lucille B. Woodbury, of the Estate of Ray B. Woodbury, Deceased, Lucille B. Woodbury, of the Estate of Ray B. Woodbury, Deceased v. United States of America, United States of America v. Ray B. Woodbury, Aleutian Homes and Kodiak Construction Company

359 F.2d 370 UNITED STATES of America, Appellant, v. Lucille B. WOODBURY, Executrix of the Estate of Ray B. Woodbury, deceased, Appellee. Lucille B. WOODBURY, Executrix of the Estate of Ray B. Woodbury, deceased, Appellant, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. Ray B. WOODBURY, Aleutian Homes and Kodiak Construction Company, Appellee. No. 19767. No. 19768. United States Court of Appeals Ninth Circuit. March 11, 1966. COPYRIGHT MATERIAL OMITTED Sidney I. Lezak, U. S. Atty., Roger G. Rose, Jack G. Collins, Asst. U. S. Attys., Portland, Or., for appellant. Norman J. Wiener, of King, Miller, Anderson, Nash & Yerke, Portland, Or., for appellees. Before JERTBERG, DUNIWAY and ELY, Circuit Judges. DUNIWAY, Circuit Judge: 1 In these cases there are four appeals and two motions before us. This is the second appeal in the action that is now our No. 19,767. It began on September 30, 1957 as an action filed by Ray B. Woodbury against the United States under the Federal Tort Claims Act in the United States District Court for the District of Oregon. On June 2, 1958, the United States filed a counterclaim for breach of contract (guaranty). On April 20,…