Patterson

Appellant, an attorney at law at the Oregon Bar and an assistant United States attorney admitted to practice in the *967 United States District Court for the District of Oregon, was permanently disbarred from the practice of the law in that court after investigation and recommendation by a “Standing Committee” of the Bar, by the joint action of the court’s two judges. The disbarment judgment is based upon the theory that the acts of appellant, as set out in the charge against him, are incompatible with his official duty as assistant United States attorney. It is claimed on appeal that the evidence is insufficient to support the judgment. The principles properly applicable and applied by us are set out in the margin.

There is evidence to support the following:

(A) Appellant represented the plaintiff in a tort action in which the judgment went for the defendant on the factual merits. The defendant, a steamship company whose ship was in government service, set up the claim that the United States should have been made the party defendant but was not. The point has been the subject of much doubt but the government was too closely positioned to the facts for a government attorney to…