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ALLTMONT v. UNITED STATES

No. 10019.

177 F.2d 971 (1949)

ALLTMONT et al. v. UNITED STATES et al.

United States Court of Appeals Third Circuit.

Decided November 23, 1949.

As Amended February 3, 1950.

Attorney(s) appearing for the Case

Newell A. Clapp, Dept. of Justice, Washington, D. C. (H. G. Morison, Asst. Atty. Gen., and Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., J. Frank Staley and Thomas F. McGovern, Washington, D. C., on the brief), for appellants.

Abraham E. Freedman, Philadelphia, Pa. (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellees.

Before BIGGS, Chief Judge, and MARIS, McLAUGHLIN, O'CONNELL and KALODNER, Circuit Judges.

On amendment: Before BEGGS, Chief Judge and MARIS, McLAUGHLIN, and KALODNER, Circuit Judges.

MARIS, Circuit Judge.

The question with which we are confronted at the outset in this appeal, and the only one which we find necessary to decide, is whether copies of statements of prospective witnesses taken by a party to an admiralty suit may be obtained by the adverse party by interrogatories served under Admiralty Rule 31, 28 U.S.C.A., without a prior showing of...

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