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APPLICATION OF TRACY

No. 403.

106 F.2d 96 (1939)

Application of TRACY. Appeal of ALLEN BRADLEY CO. et al.

Circuit Court of Appeals, Second Circuit.

July 31, 1939.

Attorney(s) appearing for the Case

Gleason, McLanahan, Merritt & Ingraham, of New York City (Walter Gordon Merritt, Burgess Osterhout, and Hyler Connell, all of New York City, of counsel), for appellants.

Battle, Levy, Fowler & Neaman, of New York City, and Isaac Lobe Straus, of Baltimore, Md. (George Gordon Battle, of New York City, and Isaac Lobe Straus, of Baltimore, Md., of counsel), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

While hearings were being held by a special master duly appointed in a civil suit pending in the District Court for the Southern District of New York, a subpœna in proper form was issued on February 23, 1939, requiring Dan W. Tracy to appear and testify on February 28, 1939, before said special master in the said suit. The subpoena was delivered to a process server who made due return, by affidavit, showing that he had served the subpoena...

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