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SIBBACH v. WILSON & CO.

No. 28.

312 U.S. 1 (1941)

SIBBACH v. WILSON & CO., INC.

Supreme Court of United States.

Decided January 13, 1941.

Attorney(s) appearing for the Case

Mr. James A. Velde, with whom Messrs. Royal W. Irwin and Lambert Kaspers were on the brief, for petitioner.

Mr. J.F. Dammann, with whom Mr. K.F. Montgomery was on the brief, for respondent.

Mr. William D. Mitchell filed a brief, as amicus curiae, urging that Rules 35 and 37 do not authorize arrest or imprisonment for refusal to obey an order for physical examination; and, so construed, are valid.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

This case calls for decision as to the validity of Rules 35 and 37 of the Rules of Civil Procedure for District Courts of the United States.1

In an action brought by the petitioner in the District Court for Northern Illinois to recover damages for bodily injuries, inflicted in Indiana, respondent answered denying the allegations of...

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