Court of Appeals for the Ninth Circuit January 28, 1963, 17585 (Ray B. Woodbury v. United States)

DUNIWAY, Circuit Judge.

Woodbury’s appeal comes before us upon a judgment of dismissal for lack of jurisdiction, made final pursuant to Rule 54(b) F.R.Civ.P. There is a counterclaim pending. Both parties accept the trial court’s findings as to the facts, embodied in a written opinion, and we take our statement from that opinion.

Woodbury claims the right to recover' •$853,676.