Lorraine Kimball Black v. United States of America, and Philco Distributors, Inc.

HILL, Circuit Judge.

This is the second time this case has been here upon appeal. Black v. United States, 421 F.2d 255 (10th Cir. 1970). The facts are fully set out in the prior opinion and will be referred to here only insofar as they will aid resolution of the issues now before us. Originally Black’s claim against Philco was tried to a jury, and the claim against the United States was tried to the court with the same jury acting in an advisory capacity. However, the cross-claim of Philco against the United States was apparently tried exclusively to the court. The seeming inconsistencies in…