PRICE & PIERCE v. GILSON BROS.

No. 4696.

58 F.2d 768 (1932)

PRICE & PIERCE, Limited, v. GILSON BROS., Inc., et al.

District Court, E. D. New York.

April 9, 1932.


Attorney(s) appearing for the Case

Hawkins, Delafield & Longfellow, of New York City, for Price & Pierce.

Schlesinger & Krinsky, of New York City, for Gilson Bros.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, for International Paper Co.


CAMPBELL, District Judge.

This is a motion to vacate or modify notice of taking of deposition.

There are two methods of taking testimony for use in the federal courts: (1) By deposition de bene esse; (2) by commission.

The rules for taking testimony by commission do not apply to taking depositions de bene esse. Giles v. Paxson (C. C.) 36 F. 882.

The methods are alternative, and a party has an absolute right, if he so elects, to follow the practice...

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