Century Investment Corp. v. United States

These cross appeals were taken from a judgment entered after a remand ordered by this court following a previous appeal. See Century Investment Corporation v. United States, 9 Cir., 250 F.2d 139 , certiorari denied sub nom. Ester v. United States, 356 U.S. 950 , 78 S.Ct. 915 , 2 L.Ed. 2d 843 . The basic facts and underlying legal issues are set forth in our prior opinion and will not be repeated here.

Upon the remand the trial court on July 11, 1958, granted the motions of the personal defendants for summary judgment dismissing the action as to them. 1 At the same time the trial court denied a similar motion made by Century. Questions as to liability for the payment of the fee of the special master were expressly reserved as to all defendants. On August 22,1958, the trial court denied the government’s motion to reconsider the motions of the personal defendants for summary judgment.

On September 15, 1958, a hearing was had on the question of the master’s fees and expenses. A trial was also had on that day limited to the question of the amount of damages to be awarded to the government against Century by reason of the latter’s breach of contract as adjudicated on the prior appeal.…