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RADIO CORPORATION OF AMERICA v. E. J. EDMOND & CO.

18 F.2d 281 (1926)

RADIO CORPORATION OF AMERICA et al. v. E. J. EDMOND & CO., Inc.

District Court, S. D. New York.

December 30, 1926.

Attorney(s) appearing for the Case

Sheffield & Betts, of New York City (James J. Cosgrove and Gilman D. Blake, both of New York City, of counsel), for plaintiffs.

Miller, Otis, Farr & Henderson, of New York City (H. Bartow Farr, of New York City, of counsel), for defendant.

WINSLOW, District Judge.

This is a motion by plaintiffs for an order vacating and setting aside defendant's notice, dated October 20, 1926, for taking depositions under section 863, Revised Statutes (Comp. St. § 1472), on the ground that the defendant has made no application to the court, and no order permitting the taking thereof, as provided in general equity rules 47 and 56, had been made.

More than 90 days have elapsed since the cause was at issue...

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