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COHEN v. PENNSYLVANIA R. CO.

30 F.Supp. 419 (1939)

COHEN v. PENNSYLVANIA R. CO. et al.

District Court, S. D. New York.

December 6, 1939.

Attorney(s) appearing for the Case

Emil K. Ellis, of New York City (Emil K. Ellis and Daniel A. Weber, both of New York City, of counsel) for plaintiff.

Conboy, Hewitt, O'Brien & Boardman, of New York City (Martin Conboy, David Asch, and F. W. H. Adams, all of New York City, of counsel), for defendant Pennsylvania R. Co.

CONGER, District Judge.

The defendant moves here to vacate a notice to take the "deposition of the defendant Pennsylvania Railroad Company, by Mr. A. J. County, Vice-President, and such other officer or officers as may have knowledge of the facts * * *", served upon the defendant by the plaintiff.

A sworn statement, submitted by the defendant, states that Mr. A. J. County, mentioned in the notice, has not been in the employ

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