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HUBER BAKING CO. v. FRANK C. SPARKS CO.

81 A.2d 132 (1951)

HUBER BAKING CO. v. FRANK C. SPARKS CO. et al.

Superior Court of Delaware, New Castle.

April 24, 1951.

Attorney(s) appearing for the Case

William Prickett, of Wilmington, for plaintiff.

Stewart Lynch, Robert H. Barnett, William Poole, Howard L. Williams and Thomas J. Healy, Jr., all of Wilmington, for defendants.

LAYTON, Judge.

This is a reargument of one phase of the case of Huber Baking Company v. Sparks Company, Del.Super.1950, 76 A.2d 124. Counsel for Huber no longer challenges the conclusion there reached that, in a proper case, an examiner may move for the exclusion of witnesses from the deposition room under Rule 30(b). However, he now contends that, in the cited opinion, I failed to consider whether or not the motion for the protective...

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