JIFFY LUBRICATOR CO. v. ALEMITE CO.


28 F.Supp. 385 (1939)

JIFFY LUBRICATOR CO. v. ALEMITE CO. et al.

District Court, D. North Dakota, S. E. Division.

June 22, 1939.


Attorney(s) appearing for the Case

Leonard L. Kalish, of Philadelphia, Pa. (Charles M. Pollock, of Fargo, N. D., of counsel), for plaintiff.

Lynn A. Williams, of Chicago (Nilles, Oehlert & Nilles, of Fargo, N. D., of counsel), for defendants.


NORDBYE, District Judge.

The only question of any moment is the authority of this Court to permit the plaintiff to take depositions limited to the question of jurisdiction under Rule 26(a) of the new Federal rules, 28 U.S.C.A. following section 723c. Defendants allege that jurisdiction has not been obtained over them, and having filed their motion to dismiss and to quash service, it is urged that no depositions can be taken by the plaintiff to produce facts to meet...

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