General
UNITED STATES of America, Appellant, v. Adolph E. BUEGE, Appellee
74 F.2d 1021·United States Court of Appeals for the Ninth Circuit·1935
Before WILBUR and GARRECHT, Circuit Judges, and NORCROSS, District Judge.
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Opinion
UNITED STATES of America, Appellant, v. Adolph E. BUEGE, Appellee.
No. 7567.
Circuit Court of Appeals, Ninth Circuit.
Jan. 21, 1935.
John A. Carver, U. S. Atty., of Boise, Idaho, Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst, to Atty. Gen., and Armistead L. Boothe, Atty., Dept, of Justice, of Washington, D. C.
Jess Hawley and Oscar W. Worthwine, both of Boise, Idaho, for appellee.
Before WILBUR and GARRECHT, Circuit Judges, and NORCROSS, District Judge.
[MAJORITY — WILBUR, Circuit Judge.]
WILBUR, Circuit Judge.
This is an action upon a war risk insurance policy. The trial court erred in the ruling upon the admissibility of expert testimony upon the question of total and permanent disability. It is conceded on the argument that the rulings come squarely within our decision in United States v. Stephens, 73 F.(2d) 695, rendered November 13, 1934. See, also, recent decision of the Supreme Court of the United States in United States v. Spaulding, 55 S. Ct. 273, 79 L. Ed. —, decided January 7, 1935.
For this error the judgment is reversed.