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.


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.