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UNITED STATES v. NOBLE

Nos. 7776, 7784, 7786.

79 F.2d 342 (1935)

UNITED STATES v. NOBLE. SAME v. SPAULDING. SAME v. JACOBSEN.

Circuit Court of Appeals, Ninth Circuit.

September 13, 1935.

Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., R. Lewis Brown, Asst. U. S. Atty., and Francis J. McGan, Atty., Department of Justice, all of Butte, Mont., and Will G. Beardslee, Director, Bureau of War Risk Litigation, and Keith L. Seegmiller, Attorney, Department of Justice, both of Washington, D. C., for appellant.

Molumby, Busha & Greenan, of Great Falls, Mont., for appellees.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

PER CURIAM.

In these cases, in response to a hypothetical question calling for such conclusion, plaintiffs' medical experts testified that in their opinion the plaintiff was totally and permanently disabled before the expiration of his war risk insurance policy. This evidence was incompetent. United States v. Spaulding, 293 U.S. 498, 55 S.Ct. 273, 79 L. Ed. 617; United States v. Stephens (C. C. A.) 73 F.2d 695

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