KORNBLUM v. SOUTHERN PAC. CO.


34 F.2d 828 (1929)

KORNBLUM v. SOUTHERN PAC. CO.

District Court, E. D. New York.

September 10, 1929.


Attorney(s) appearing for the Case

Charles Franklin, of New York City, for the motion.

David Bernstein, of New York City, opposed.


INCH, District Judge.

Plaintiff commenced this common-law action against defendant in the state court. It was removed to this court. Plaintiff has served an alleged subpœna on defendant and has also served what is termed by plaintiff, from copy of the paper submitted, as a "notice for examination of defendant as an adverse party before trial."

Defendant now moves for an order vacating said notice of examination before trial and setting aside the said...

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