Shirley M. Dudley, Plaintiff and Appellant, v. the Equitable Life Assurance Society of the United States, a Corporation, 434 F.2d 1040 (9th Cir. 1970)

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U.S. Court of Appeals for the Ninth Circuit - 434 F.2d 1040 (9th Cir. 1970) December 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.