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WHEELING STEEL CORPORATION v. AMERICAN ROLLING M. CO.

No. 6894.

82 F.2d 97 (1936)

WHEELING STEEL CORPORATION v. AMERICAN ROLLING MILL CO. et al.

Circuit Court of Appeals, Sixth Circuit.

March 6, 1936.

Attorney(s) appearing for the Case

John Weld Peck, of Cincinnati, Ohio, and W. J. Blenko, of Pittsburgh, Pa. (Peck, Shaffer & Williams, of Cincinnati, Ohio, and Byrnes, Stebbins & Blenko, of Pittsburgh, Pa., on the brief), for appellant.

Marston Allen, of Cincinnati, Ohio (Allen & Allen, of Cincinnati, Ohio, on the brief), for appellees.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

We are upon this appeal concerned with a bill for discovery filed by the defendant in a law action now pending in another jurisdiction. Discovery is sought on the ground that it is necessary to enable the present plaintiff to properly plead its defenses at law, which it has not yet done. The court below sustained a motion to dismiss, and from a decree dismissing the bill as premature appeal was taken.

The American Rolling Mill Company...

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