Can The Judiciary Influence The Sword Or Purse, A Father And His Son Painting Thomas Couture, Melancon Funeral Home Carencro La, Arthur And Mary Beth Fanfiction, These Commands Are Established By Combatant Commanders, Articles C

351", "Woman Enters Guilty Plea For Threatening Everett", Timber! 115]; Nigro v. West Foods of California (1963) 218 Cal. After Everett left, Glen returned at 11 p.m. Everett's testimony to the events and circumstances surrounding Scott's pregnancy and the relationship of the parties conflicted sharply with Scott's testimony. Everett played . He was born Raymond Lee . LOS ANGELES -- Actor Chad Everett, lead in the old 'Medical Center' television series, denied Wednesday he was ever sexually intimate with an extra in the series who claims he fathered her 8-year-old son. A letter addressedto you. (Gordon v. Strawther Enterprises, Inc. (1969) 273 Cal. After his role in Mulholland Drive, he took a decade off from acting before returning in 2011 as a regular on the series Chemistry. Chad Everett died on July 24, 2012, in his home after battling with lung cancer for eighteen months. 9. In her February 1973 deposition and at trial, she testified that she had a regular twenty-nine-day cycle and that her period generally lasted five to six days. 8]. Unless the jury is persuaded that the preliminary fact exists, it is not permitted to consider the evidence. As requested, the trial court read instruction A immediately before numbers 7 and 8. Everetts wife of 45 years, actress Shelby Grant, died of an aneurysm in June 2011 at 74. Shelby was born in Oklahoma on Oct. 19, 1936, the daughter of Lawrence and Mae Thompson. App. FN 16. (Zhadan v. Downton Los Angeles Motor Distributors, Inc. (1979) 100 Cal. The family has asked that donations be made in her. He was 75. *Since the filming of this "Love Stories" Video in 2009, both Shelby and Chad Everett have both passed away. Required fields are marked *. ", "Lily Tomlin WALKS OUT After Chad Everett's Sexist Remark! Your email address will not be published. Memorial services will be at a later date at the Evangelical Reformed Methodist Church in Conesville, with inurnment following the service. Mitchell, Silberberg & Knupp, Edward M. Medvene, Marilyn E. Levine, Michael Barclay and Daniel A. Weber for Defendant and Respondent. During this time, she met Everett, who at the time played the leading role of "Dr. Joe Gannon." From late 1970 through mid-1972, Scott worked intermittently as an extra on the set of the television series "Medical Center." ), B. App. who claimed her son Dale (born 1973) was Everett's. 12. He was born Raymon Lee Cramton on June 11, 1937 in South Bend, Indiana. A lock of hair from an old item. Attorney General, Norman H. Sokolow and and Andrew D. Amerson, Deputy Attorneys General, William A. Richmond, District Attorney (Tulare), Gary H. Evans and John S. Higgins, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiffs and Appellants. The lengthy and complicated paternity suit ended in 1984 when a California Court of Appeals ruled in favor of Everett. He was married to actress Shelby Grant. Klein, P. J., and Danielso, J., concurred. ANYTHING. His father was a racecar driver. [10] Everett was on location in Tucson filming the 1967 movie Return of the Gunfighter at the time of their wedding. Here is the original: In September 1973, actress Sheila Scott had sued Chad Everett in the State of California Everett v Everett to prove paternity of Everett's ONLY son Dale Andre Lee Everett. Raymon Lee Cramton (June 11, 1937 July 24, 2012), known professionally as Chad Everett, was an American actor who appeared in more than 40 films and television series. 3d 22, 28 [154 Cal. It should be easy for an investigator to getDNA off of Mr. Everett. He studied drama at Wayne State University in Detroit. In 1991, Scott was sentenced to a three months probation for harassing Chad and his wife for 18 years. This should render enoughDNA. Chad Everett was part of more than 40 movies and tv shows during his lifetime. Dale's argument that it directed a verdict against him cannot stand. A month later, Everett caught sight of himself on a video and did not like what he saw. In 1969, he had his breakout role in Medical Center, playing the attractive and headstrong Dr. Joe Gannon. In the case of the HLA probability-of-paternity results, the 94.67 percent probability of paternity is irrelevant if the prior probability of paternity of 50 percent that is employed in the formula is not correct. The experts further testified that the 50 percent assumption has no scientific basis, but is employed precisely because nothing is known about whether intercourse actually took place between the parties at a time when conception could have occurred. For example, if Everett and Scott did not engage in sexual intercourse, the prior probability of paternity would be 0 percent and the resulting probability of paternity would correspondingly be 0 percent; or, if the 50 percent prior probability of paternity were replaced with a 5 percent prior probability of paternity (reflecting the probability of conception on August 16, given an August 7 [150 Cal. Beginning in 1973, Everett was involved in a long legal struggle with actress Sheila Scott. (1.87m). A woman who pleaded guilty to making threatening telephone calls to actor Chad Everett was sentenced to three years' probation and ordered to undergo a psychological evaluation. On the way to the apartment, Scott introduced Everett to Glen and then Everett and Scott proceeded to the apartment. Throughout her testimony, Scott referred to her 1972 appointment book or diary to refresh her recollection as to dates, events, appointments, and various other notations. I came into the bedroom with a big pot of coffee one morning and said 'we have a major problem to deal with here.'" Chad Everett Dead 'Medical Center' Star Dies At 75. Rptr. (Gherman v. Colburn (1977) 72 Cal. Everett was taken to court three times by actress Sheila Scott, who claimed he was the father of her son Dale, who was born in 1973. 1923) 293 F. 1013, 1014 [34 A.L.R. opn.] Contents 1 Early life 2 Career 2.1 Acting 2.2 Writing LOS ANGELES -- The gynecologist for the extra on the old 'Medical Center' TV series who claims actor Chad Everett. The handsome TV star who played Dr. Joe Gannon in the '70s was 75. App. 6; for a more detailed discussion of these blood grouping systems and others, see Joint AMA-ABA Guidelines: Present Status of Serologic Testing in Problems of Disputed Parentage (1976) 10 Fam.L.Q. "[4][5][6] He graduated from WSU with a degree in drama. Such a distinction is not valid. The jury instructions regarding the HLA probability-of-paternity results improperly weighted the blood test evidence and, in effect, directed a verdict against appellants. [8] Dale further takes exception to the court's instruction that the jury find independently of the probability-of-paternity results that Everett and Scott had intercourse at or about the time Scott could have conceived, and if the jury did not so find, then regardless of the probability-of-paternity results, it would have to find for defendant. After Everett lacked movie and tv parts to work on, he became a functional alcoholic. On June 11, 1937, Chad Everett was born in South Bend, Indiana to parents Harry Clyde Ted Cramton and Virdeen Ruth Hopper. Our thoughts and hearts go out to their familie. 408. Everett was taken to court three times by actress Sheila Scott, who claimed he was the father of her son Dale, who was born in 1973. 3d 821, 839 [161 Cal. In 1987, Chad also lent his voice for the character Ultraman Chuck in Ultraman: The Adventure Begins. 1970) 433 F.2d 431, 438, cert. 3d 1072]. His career spanned more than 50 years, and included guest-starring roles on the TV series The Love Boat, Murder, She Wrote, Melrose Place, Star Command,. 330]; 6 Witkin, Cal. That evidence was then submitted to the jury along with all the other evidence pursuant to section 895. Since it was reasonably certain a different result would have been reached but for the defective instruction, the appellate court reversed. Res. 297]; People v. Bynon (1956) 146 Cal. People named Dale Everett. Log in or sign up for Facebook to connect with friends, family and people you know. 1971) Appeal, 267, pp. FN 6. Dr. Paul Terasaki, an expert in the field of HLA testing, testified in support of the HLA test and explained the procedures involved in conducting the test and the statistical calculations made to determine the "probability of paternity." fn. 1 on iTunes Charts, 36 songs, no apologies: Morgan Wallen delivers more (much more) of what made him countrys king, Desperate mountain residents trapped by snow beg for help; We are coming, sheriff says, Newsom, IRS give Californians until October to file tax returns, Before and after photos from space show storms effect on California reservoirs, David Lindley, guitarist best known for work with Jackson Browne, dies at 78, Stevie Nicks and Lindsey Buckinghams rocky relationship: A timeline of love and war, Joy Behar kicks off Joys Banned Book Club with gay-penguin tale And Tango Makes Three, Paramount to pay $122.5 million to settle lawsuit over CBS deal, Jussie Smollett finally appeals his conviction stemming from 2019 hate-crime hoax, The Scream 6 publicity stunts hit closer to home, prompting 911 calls in Sonoma, Hidden, illegal casinos are booming in L.A., with organized crime reaping big profits, Best coffee city in the world? 2d 504, 511 [78 Cal. den.,401 U.S. 994 [28 L. Ed. If it's the same one and not another out of wedlock babyfrom Everett, the mother left the baby on Everett's doorstep (I think it was atthe studio where he worked) and got into trouble with the police. "Chad Everett, a big city type, seldom stoops to histrionics as he lethargically makes his rounds on 'Medical Center.' "Everett arrived in Hollywood from the Midwest. Scott testified that several weeks after the initial confrontation between Scott and Everett at which Scott informed Everett she was pregnant, Scott had a meeting with Everett and his attorney at his attorney's office. They are posted here automatically and remain online for 1 year. Two previous paternity trials involving Miss Scott and Everett ended with decisions that Everett did not father the child, but both determinations were made without a jury and an appeallate court ruled the child's rights were not adequately protected. Finally, Dale maintains that instructions A, 7 and 8, taken together, were contradictory and confusing and therefore constituted reversible error. | The Dick Cavett Show", "Everett v. Everett (1984) 150 Cal. He played Dr. Joe Gannon in the television drama Medical Center, which aired from 1969 to 1976. In the years that followed, he appeared in a number of television shows, including Centennial and Hagen. After 11 years of battle, the court ruled in favor of Everett. [] You must therefore bear in mind that neither the making of such an assumption, nor the probability of paternity results, constitute any evidence that Mr. Everett had sexual intercourse with Ms. Scott at or about the time the minor was conceived. (Joint AMA-ABA Guidelines: Present Status of Serologic Testing in Problems of Disputed Parentage (1976) 10 Fam. L.Q. Proc., 475.) Dale still did not submit any instruction on the HLA test results. The seven systems the authors of the article recommend are ABO, Rh, MNSs, Kell, Duffy, Kidd, and HLA. The essence of Dale's complaint here is that the instruction he provided the court at the last moment, read in conjunction with instructions 7 and 8, rendered the instructions as a whole fatally defective, requiring reversal. Everett's daughter, Katherine Thorp, said he died Tuesday at his home in Los Angeles after a year-and-a-half-long battle with lung cancer. He appeared in numerous films and television series, including The Singing Nun, Centennial, Hagen, Airplane II: The Sequel, Star Command, and Mulholland Drive. View the profiles of people named Chad Everett. pp. "I went into acting because I'm easily bored", Everett once said. App. Everett died July 24, 2012, at his home in Los Angeles after an 18-month battle with lung cancer. (Id, at p. 18 (See also Verzan v. McGregor (1863) [150 Cal. During his junior year at Wayne State University in Detroit, he joined a State Department-sponsored acting troupe that toured India. Code (1966 ed.) [citation needed] His father was a racecar driver as well as a racing mechanic and an auto parts salesman. Everett further testified that after leaving Scott's apartment, he went shopping for his wife and was home by 8:30 p.m. Everett explained that at the meeting at which Scott told him she was pregnant, she stated her plan to claim him as the father and that it would cost him some money. DALE ANDRE LEE EVERETT, a Minor, etc., et al., Plaintiffs and Appellants, v. CHAD EVERETT, Defendant and Respondent. (Id, at p. He was consuming a quart of vodka a day by the time he quit drinking in 1986. Actor Chad Everett died on July 24, 2012, at the age of 75, at his home in Los Angeles. 3d 98 [177 Cal. Terasaki and Mickey are experts in the fields of HLA testing and statistical calculations, respectively, like the laboratory technician in Alinda V., neither knew the extent or nature of the evidence to be presented at trial and neither knew anything about the specific facts of the case or points of dispute. Dale cannot now claim reversible error where the trial court gave the instruction he requested which instruction caused confusion when considered with other instructions. A man can be excluded from the group of possible fathers of a child if he shares none of the genetic markers (identified by one blood grouping system) that the child has. He was born and raised in Dearborn, Michigan, where he graduated from Fordson High School. 3d 1073] 23 Cal. Rptr. App. Less than 90 percent probability of paternity is considered a low probability of paternity and is inconclusive in resolving the paternity issue. See Photos. In the second count, Dale alleged that the prior settlement between his mother and Everett in the original action was the product of collusion fn. They have also lived in Glouster, OH and Millfield, OH. Dale offered instruction A on November 2, 1981, moments before the instructions were read to the jury. App. Goes Out newsletter, with the week's best events, to help you explore and experience our city. 3d 133 [154 Cal. The court determined in light of the HLA test's admissibility under Cramer and the language of section 893, "that the court has no discretion to deny an HLA test upon demand of any party or person at whose suggestion an original extended factor test has been ordered." She would tell me that she was there for me. She would tell me that she was there for me. The woman was crazy and harassed/threatened him and his family for years until she was prosecuted for threatening to kill him and his wife. If the plaintiff has failed to prove to your satisfaction by a preponderance of the evidence independently of the probability of paternity results that Mr. Everett had sexual intercourse with Ms. Scott at or about the time when, according to the usual laws of nature, the minor was conceived, then regardless of the HLA probability of paternity results, you must find that Mr. Everett is not the minor's father. Raymon Lee Cramton (June 11, 1937 - July 24, 2012), known professionally as Chad Everett, was an American actor who appeared in more than 40 films and television series but probably was best known for his role as Dr. Joe Gannon in the television drama Medical Center which aired on CBS from 1969 to 1976. "Frequently, the jury's duty to disregard conditionally admissible evidence when it is not persuaded of the existence of the preliminary fact on which relevancy is conditioned is so clear that an instruction to this effect is unnecessary. Everett testified that he had never specifically requested Scott as an extra, that he and Scott had never engaged in sexual intimacies either on or off the "Medical Center" set, and that he had never taken her to lunch or dinner or been off the set with her at any time (other than on Aug. 16). The matter proceeded to trial on October 19, 1981. A swabfrom a spoon he just used. by ab-sandip, 08 Aug, 2019 American Actor death Chad Everett Early life. He continued to work with the production for many projects later. Raymon Lee Cramton (June 11, 1937 - July 24, 2012), known professionally as Chad Everett, was an American actor who appeared in more than 40 films and television series but probably was best known for his role as Dr. Joe Gannon in the television drama Medical Center which aired on CBS from 1969 to 1976. ] I have to leave!" App. Beginning in 1973, actress Sheila Scott initiated court proceedings against Everett three times, claiming her son Dale (born 1973) was fathered by him. Chad Everett, a ruggedly handsome actor who played young Dr. Joe Gannon on the TV drama "Medical Center," has died. Finally, in 1981, the Legislature removed any lingering uncertainty as to the admissibility of test results which fail to exclude the alleged father by amending section 895 to permit affirmative use of blood tests to prove paternity. 90, 364 P.2d 266]. The Supreme Ct has rendered garbageas fair game. ), [1b] In the case at bar, there was also substantial evidence to support a finding that Scott and Everett never engaged in sexual intercourse on August 16, 1972, as alleged. His first recognized role was in the television series entitled "Surfside 6". What did Disney actually lose from its Florida battle with DeSantis? I stepped outside and I looked up and said 'Father, you take it. The series focused on Dakotas lawlessness and how law enforcement attempts to keep order. Upon her return September 21, 1972, she learned of her pregnancy and contacted Everett, who was initially pleased and very understanding but later refused to admit paternity. There is no requirement in section 895 or elsewhere that the preliminary fact question whether intercourse occurred be submitted upon evidence which assumes the answer that it purports to prove. Although Drs. 1232]. Are we to consider all evidence (HLA, fertility, and photos of Dale) prior to deciding the intercourse issue?" App. Much of this deposition was read during trial to impeach Scott's testimony. [150 Cal. Shelby Grant Everett passed away June 25, 2011, at the age of 74 from a sudden brain aneurysm. The "nuisance offer" was $10,000, which Everett considered to be the value of the costs involved in going ahead with a lawsuit--the legal fees and the emotional costs involved such as reading the stories in the press and the emotional burden on his family. Rptr. Chad is related to Angela Kay Westfall and Terry L Everett as well as 2 additional people. 3d 1057]. 2d 503, 510 [215 P.2d 780]. 1. (Philpott v. Mitchell (1963) 219 Cal. He supposedly had an out of wedlock child that was never legally determined to be his. 254, 414 P.2d 382]; County of Fresno v. Superior Court, supra, 92 Cal. Wiki User. I had tried in my own juvenile way music, football, business with my father. The size of that group will depend upon the number of markers the particular system utilized and how frequently a given blood type occurs in the general population. Although we agree with the result reached in County of Fresno, we question that court's reliance on section 893 in making the order of HLA test mandatory by the trial court upon request of a party. 19. [9] "It is well established that it is the responsibility of counsel to propose correct instructions and the court has no duty to modify erroneous instructions submitted to it." Ms. Scott, if you are who you say you are, thenyou are NOT THINKING! App. Evidence of the 1973 settlement was not admitted at trial. 270-271; Deering's Ann. I remember this case. fn. 3d 1066]. 210]; Hazelwood v. Gordon (1967) 253 Cal. Application of as few as 7 of those 62 tests, however, would cost considerably less and would yield a probability of exclusion only 5-7 percent lower than use of all 62. 1975, ch. While the requirement to order blood tests is quite broad under section 892, it is not unlimited. He often wrote sentimental poems dedicating to his daughters and wife. 3d 1053, 201 Cal.Rptr. Rptr. (Salas v. Cortez (1979) 24 Cal. Just a quick take. He was 76. "I will have to live on different terms without her now," he said. Rptr. According to Scott's testimony, Everett stayed in her apartment that night until 10 or 10:30 p.m. and during that four-and-one-half-to-five-hour period they engaged in sexual intercourse, had some drinks and looked at her paintings. He was 75. (Paternity Testing , supra, 20 Santa Clara L.Rev. [150 Cal. Chad Everett, who played a young, sensitive surgeon for seven seasons on the 1970s CBS drama "Medical Center," died Tuesday of lung cancer at his home in L.A. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs." [23][24], Everett died on July 24, 2012, at his home in Los Angeles after an 18-month battle with lung cancer. If it then found that assumption to be accurate, it could give due weight to the 94.67 percent probability of paternity accordingly; but, if [150 Cal. Appellant attempts to distinguish the case at bar from Alinda V. on the ground that in this case two experts and the laboratory technicians testified in support of the test results, whereas in Alinda V. only the laboratory technician testified. 3d 1059]. App. Everett, who is married and has two daughters, 10 and 12 years old, said he spent about 15 minutes in Miss Scott's apartment looking at her paintings, but he denied, as she has claimed, that they had sexual intercourse. Sign Up. ; and Route 66. Probate Code section 1431 provided: "When a minor has a disputed claim for damages, money or other property against a third person, that parent having the care, custody, or control of the minor, shall have the right to compromise, but before the compromise or covenant is valid it must be approved by the superior court of the county where the minor resides, " (Stats. In the years before their deaths, 1970's heartthrob, Chad Everett, and his wife Shelby Grant shared their secrets to how they managed to stay married for 43 years. Everett said that he stayed in Scott's apartment approximately 15 minutes. Incident at Niagara Falls that killed mother, injured. In this appeal, we affirm a judgment following a jury verdict finding the defendant and respondent not to be the father of the minor child. While application of all 62 systems would yield a probability of exclusion of 98 percent, the cost to administer and conduct so many tests would be prohibitive. Early Life of Chad Everett If not for my family, I would have been in big trouble. ), Four months after Cramer was decided, the court in County of Fresno v. Superior Court (1979) 92 Cal. Scott later testified that "Siam at 20th begins" was a shorthand notation that the series "Anna and the King of Siam" was to begin filming at the studios of 20th Century Fox on July 17. Unanswered Questions . App. App. As our Supreme Court has observed, "[a] determination of paternity has grave implications for all concerned--the alleged father, the child, the mother and the state. His most recent acting role was in Castle: The Blue Butterfly, which he played in 2012. "I was a functional alcoholic. App. It has been said on other postings, that Chad Everett was a closeted gay. However, during cross-examination, a portion of Scott's February 9, 1973, deposition (see fn. He played Dr. Joe Gannon in the television drama Medical Center, which aired from 1969 to 1976. In 2001, Everett played one brief scene with Naomi Watts in David Lynch's Mulholland Drive. Everett died Tuesday at his home in the Los Angeles area after. A note from the jury during deliberations clearly indicated the jury considered the instruction mandatory and would have returned a different verdict had it had "any other choice." In this case, defendant's instruction number 7 correctly stated the law and the trial court properly gave it. [Civ. Such evidence is usually in the form of the results of blood tests of the alleged father, the mother and the child, which, based on genetics, either exclude or include the alleged father in the group of possible fathers. If the evidence on the facts of sexual intercourse and the timing thereof between Everett and Scott was in conflict, the jury was to decide these facts before it was to consider the test results. 225].) App. p. While we are only taking the next logical step after County of Fresno v. Superior Court (1979) 92 Cal. A blood test could not show that the defendant was the father." All of the blood grouping systems used to determine paternity are based on the fact that certain genetic markers present in the blood are inherited directly from each parent. Scott further testified that this intimate relationship culminated in sexual intercourse on August 16, 1972, when Everett took Scott home to her apartment, and that as a result, she conceived Dale. On May 22, 1966, the pair married in Tucson, Arizona. Testifying in a jammed-packed Superior Court, Everett said he saw Sheila Scott only once, on Aug. 16, 1972, outside the MGM location where the series was shot. Both experts on the HLA probability-of-paternity results, Dr. Terasaki and Dr. Mickey, the statistician in the Terasaki laboratory, testified that the statistical formula used to determine the probability of paternity assumes that there is a 50 percent chance that the defendant and mother had intercourse and that the defendant is indeed the father of the child. Beginning in 1973, actress Sheila Scott initiated court proceedings against Everett three times, claiming her son Dale (born 1973) was fathered by him. Everett died on July 24, 2012, in his home after battling with lung cancer for eighteen months. Since California's adoption of the Uniform Act on Blood Tests to Determine Paternity (Uniform Act) ( 890-897) in 1953, the number and accuracy of the blood typing procedures (blood tests) available to determine the likelihood of paternity have increased dramatically. She was not the only child of her parents- She had another sibling named Shannon Everett. 3d 1061] her artwork as possible replacements for items which had been destroyed in a fire at his home. The court's response: "You will consider all of the evidence in what ever [sic] order you wish, and you will give it the weight and value you determine it to be worth.". 911].) 4257-4258.). 620. People v. Geiger, 49 Cal. 14, setting forth the congressional budget for the . Such was the case in Alinda V. v. Alfredo V. (1981) 125 Cal. App. After he graduated from Wayne University, Chad came to Hollywood and signed a contract with Warner Brothers. Everett died Tuesday at his home in the Los Angeles area after battling lung cancer, his daughter Katherine Thorp told the Associated Press. The evidence was uncontradicted that an HLA test could show that a defendant biologically could not be the father or it could show that a defendant is biologically within the class that could be the father. You're all set! App. 6.) The alternative is certainly a possibility. He was widely recognized for his role on CBS' drama Medical Centeras Dr. Joe Gannon. At the time the Uniform Act was adopted, only the Landsteiner series of red cell blood grouping tests had been endorsed by the American Medical Association as sufficiently accepted within the scientific community to be legally valid. He once said that he took up acting because he would get easily bored as a youngster. [5a] Dale vigorously contends that the jury instructions concerning the HLA blood test results fn. Chad Everett. Following a five-day jury trial, the parties settled the original action, stipulating to a judgment that provided, among other things, that Everett was not the father of Dale. After his first meeting, he never drank again and became focused on his Christian faith. He was on the show for seven years. In high school, he did stage plays and wanted to become an actor. One notation which appeared regularly was the word "Siam," which, Scott testified, meant the onset of her menstrual period. 657.) Save my name, email, and website in this browser for the next time I comment. Chad Everett debut show was Warner Brothers detective series, Surfside 6, in 1960. The lengthy and complicated paternity suit finally ended in 1984 . App. Chad Everett Ninety-Five Percent Probable To Be Dale's Father June 14, 1984. [6] When the relevance of evidence before the jury depends upon the validity of an underlying assumption (i.e., a 50 percent chance that the alleged father and the mother had intercourse), the jury must be instructed to determine whether the assumption is valid and to disregard the evidence if it finds such assumption invalid. nigerian navy department list,