FITTING LUMBER CO. v. GREEN ET UX.


80 Pa. D. & C. 334 (1951)

Fitting Lumber Co. v. Green et ux.

Common Pleas Court of Erie County, Pennsylvania.

November 28, 1951.


Attorney(s) appearing for the Case

Jones, Benson and Dwyer, for plaintiff.

Louis R. Benacci, for defendants.


LAUB, J., November 28, 1951.

This is a motion for the inspection and copying of certain documents belonging to and in possession of defendants. Although Pa. R.C.P. 4009 provides for procedure by petition and although in many respects the application partakes of the nature of a motion to produce as provided by the Act of February 27, 1798, 3 Sm. L. 303, 28 PS § 61, plaintiff in its brief avers that the request is made under the rule and not the statute.

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