DONAHUE, Circuit Judge (after stating the facts as above).
Section 724 of the Revised Statutes (Comp. St. § 1469) provides that, "in the trial of actions at law, the courts of the United States may, on motion and due notice thereof, require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules...
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