U.S. Court of Appeals for the Ninth Circuit, 1935

United States v. Stevenson

United States v. Stevenson
U.S. Court of Appeals for the Ninth Circuit · Decided November 4, 1935 · Denman
79 F.2d 788; 1935 U.S. App. LEXIS 4267 (Federal Reporter, Second Series)

Counsel

Peirson M. Hall, U. S. Atty., of Los Angeles, Cal., and Will G. Beardslee, Director, Bureau of War Risk Litigation, ■of Washington, D. C., and Wilbur C. Pickett arid Fendall Marbury, Sp. Assts. to Atty. Gen., for the United States., Chenoweth & Whitehead, R. M. McManigal, and R. M. Chenoweth, all of Los Angeles, Cal., for appellee.

United States v. Stevenson

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Opinion of the Court

DENMAN, Circuit Judge.

The pertinent facts in this appeal are ■similar to those in United States of America v. Lindholm et al. (C. C. A.) 79 F.(2d) 784, this day decided. The only difference worthy of mention is that instead of failing to file affidavits opposing plaintiffs motion for summary judgment, the appellant in the present case submitted defensive affidavits which were deemed insufficient.

For the reasons given in _the opinion in the former case, the judgment herein is reversed.

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