the next case today is jeff three g carswell at all versus e p l and sons at all appeal numbered nineteen thousand one hundred and sixty three ciro attorney anderson please go ahead and introduce yourself for the clients were actively involved in organization very much focused on the airplane disaster  into well before any well before he filed his claim in this case and the same with the other individual so how do you respond to that i mean there there seems to be considerable evidence in the and at this time when attorney boyle please under you and you have a file you have five minutes of a lot of time and introduce yourself on the record and you may begin good afternoon your honor of matthew boyle on behalf of the director the bulk of the evidence the l's they relied on came from the expert testimony of three physicians dr mettler who was an internationally recognized expert on the effects of radiation on the human body and dr turnbull every so both who are cancer surgeons at the memorial sloan kettering cancer center that radiation doesn't cause some kinds of cancers and we knew twenty m has never been shown to cause kidney or stomach cancer he said that holds true in animal studies and even in the most highly excludes human populations from iraq russia he also said quote regardless of the level of plutonium exposure when you look at it to be any ology there is no statistically significant excess of either kidney cancer or stomach acid from from plutonium it just isn't there as the hypothyroidism he said it was absolutely not ionizing radiation is absolutely not a factor in either condition as the kidneys dr miller testified that the dose of plutonium radiation required to affect the kidneys are very low in a much higher dose of the lungs which would in fact be reasonable also testified that smoking and obesity are greater risk factors for kidney cancer than it radiation and noted that mr erickson was both a smoker and obese and he did it in the respect or of coronary artery disease compared to workers who were involved in the cleanup and to lead the workers who work there either be through the cleanup started or after the cleanup ended and it meant study the cleanup group showed no excess of cancers no increase in hospital admissions and no increased mortality respondent e p o in bankruptcy good morning your honour's mr boyo has actually covered very thoroughly many of the points i wanted to raise i want to stress something i know that you're very familiar with that the standard is of course substantial evidence and we are required to accept the jays decision and her findings that inferences unless they are irrational had studied this population for most of his professional career i'd like to i'd like to point out that the hippel article that my friend and colleague mr anderson refers to actually does not refer to kidney or stomach cancer is that all and mr met dr meltzer was very very clear in his report and in his testimony that his discussion was with regard to stomach cancers and kidney cancers he did not say the put tony i'm cannot impact or be relevant to other cancers but the issues in this case are stomach cancers and kidney cancers and there no evidence frankly from any nuclear accident that plutonium causes any increase whatsoever in the incidence of stomach or kidney cancers  so back with regard to the standard of substantial evidence dr met were provided more than enough evidence to support this substantial evidence standard that this if you could please mute your audio and video at this time and attorney anderson you have two minutes for a bottle you can your video and your cell phone and proceed the argument for today the session of the honorable united states court of appeals has now recessed until the next session of the court god save the united states of america and this honorable court counsel you should disconnect from the meeting at this time