Ralph Lyons and Bettye Lyons, Husband & Wife, D/b/a, Lyons Logging Co. v. Rainier Manufacturing Co., Inc., a Corporation, Ralph Lyons and Bettye Lyons, Husband & Wife, D/b/a, Lyons Logging Co. v. Rainier Manufacturing Co., Inc., a Corporation

594 F.2d 1236 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. Nos. 76-2051, 77-2467. United States Court of Appeals, Ninth Circuit. Feb. 21, 1979. As Modified on Denial of Rehearing April 30, 1979. 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. Appeal from the United States District Court for the Eastern District of Washington. Before WRIGHT and GOODWIN, Circuit Judges, and WILLIAMS * , District Judge. PER CURIAM: 1 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 jury 1 and later received its unusual verdict 2 without informing the parties or…