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FRUIT GROWERS CO-OPERATIVE v. CALIFORNIA PIE & B. CO.

Civ. A. No. 2692.

48 F.Supp. 1021 (1943)

FRUIT GROWERS CO-OPERATIVE v. CALIFORNIA PIE & BAKING CO., Inc. (LONG ISLAND R. CO., et al., Third-party Defendants).

District Court, E. D. New York.

March 1, 1943.

Attorney(s) appearing for the Case

Lord, Day & Lord, of New York City, for plaintiff (opposed).

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Matthew V. Stepsis, of New York City, of counsel), for third-party defendants Robert E. Woodruff, etc., and Erie R. R. Co., for motion.

Louis J. Carruthers, of New York City (William McNamara, of New York City, of counsel), for third-party defendant Long Island R. R. Co., for motion.

BYERS, District Judge.

Motion by third-party defendants to vacate notice of taking of the deposition on written interrogatories of one Bushman, or to postpone it until after plaintiff's deposition shall have been taken pursuant to notice; or the notice shall have been vacated pursuant to motion to that end, now pending and undetermined before another Judge of this court.

Concededly the latter notice was first in point of time, and unless there is good reason...

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