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BAGDAN MILK CO. v. DAIRYMEN'S LEAGUE CO-OP. ASS'N

44 F.2d 855 (1930)

BAGDAN MILK CO., Inc., v. DAIRYMEN'S LEAGUE CO-OP. ASS'N, Inc., et al.

District Court, S. D. New York.

November 10, 1930.

Attorney(s) appearing for the Case

Aaron Sapiro and Harry Starr, both of New York City, for plaintiff.

Max Rothenberg, of New York City, for defendant Bronx Farms Co., Inc.

John J. O'Connor, of New York City, for defendants Arnstein & Beckman, Inc., and Waddington Condensed Milk Co.

Seward A. Miller, of New York City, for defendants Dairymen's League Cooperative Assn., Inc., Delancey Milk & Cream Co., Inc., Beakes Dairy Co., Model Dairy Co., Inc., and Henry Sacks Dairy, Inc.

COXE, District Judge.

Admittedly, the two witnesses whose depositions de bene essee are sought under section 639, title 28, U. S. Code (28 USCA § 639), have "legal residences" more than 100 miles from the place of trial of the action. They actually live at these "legal residences," although they spend the greater part of each week at the offices of the Dairymen's League in New York City. I am clear, therefore, that both witnesses are within the section, no matter...

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