FLETCHER v. FOREMOST DAIRIES

No. 576.

29 F.Supp. 744 (1939)

FLETCHER v. FOREMOST DAIRIES, Inc., OF NEW YORK.

District Court, E. D. New York.

October 20, 1939.


Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, for plaintiff.

Louis T. Cymrot, of New York City, for defendant.


GALSTON, District Judge.

The plaintiff moves for an order to vacate, or in the alternative to have modified, a notice of examination before trial served by the plaintiff and directed to the defendant, its executive officers and one Carl Engstrom, a chauffeur. The notice was served pursuant to the provisions of Rule 26 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The pleadings disclose that the action is one for personal injuries claimed...

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