Legal Opinion
Lyons v. Rainier Manufacturing Co.
Court of Appeals for the Ninth Circuit
Decided February 21, 1979No. Nos. 76-2051, 77-2467PublishedCited by 1 opinion
1Per 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 *1237and later received its unusual verdict[i] 2 without informing the parties or their counsel, who were absent during the proceedings before the substitute judge.
Before the first judge left, he agreed to call parties and counsel back to the courthouse before speaking to the jury. He had called them…
2Cases cited5 opinions
- Fillippon v. Albion Vein Slate Co.Supreme Court of the United States · 1919
- General Motors Corporation v. Dorethea M. Walden, the Surviving Spouse of Homer L. Walden, DeceasedCourt of Appeals for the Tenth Circuit · 1969
- Continental Baking Company v. The Old Homestead Bread Company and Interstate Brands CorporationCourt of Appeals for the Tenth Circuit · 1973
- Leona Dixon, Administratrix of the Estate of John C. Dixon, Deceased v. Southern Pacific Transportation Company, a CorporationCourt of Appeals for the Ninth Circuit · 1978
- Mrs. Betty G. Wingerter v. Maryland Casualty Company and Aetna Casualty & Surety Company, Maryland Casualty Company and Aetna Casualty & Surety Company v. Mrs. Betty G. WingerterCourt of Appeals for the Fifth Circuit · 1963