434 F.2d 1040 | 9th Cir. | 1970
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:
The summary judgment is affirmed.
Equitable's affidavits were not properly challenged. There was just no issue of fact left for trial.
The objected-to testimony of Doctor Call seems to have been properly received under Section 9-203 of the Idaho code.
