Shirley M. Dudley, and v. The Equitable Life Assurance Society of the United States, a Corporation

434 F.2d 1040 | 9th Cir. | 1970

434 F.2d 1040

Shirley M. DUDLEY, Plaintiff and Appellant,
v.
The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a
corporation.

No. 23926.

United States Court of Appeals, Ninth Circuit.

Dec. 9, 1970.

Appeal from the United States District Court for the District of Idaho; Fred M. Taylor, Judge.

John R. Black, Ralph H. Jones, Jr., Jones, Pomeroy & Jones, Pocatello, Idaho, for appellant.

W. F. Merrill (appeared), of Merrill & Merrill, Pocatello, Idaho, for appellee.

Before CHAMBERS, BROWNING and KILKENNY, Circuit Judges.

PER CURIAM:

1

The summary judgment is affirmed.

2

Equitable's affidavits were not properly challenged. There was just no issue of fact left for trial.

3

The objected-to testimony of Doctor Call seems to have been properly received under Section 9-203 of the Idaho code.