O'KEEFE v. SHAUGHNESSY

Civ. No. 3652.

95 F.Supp. 900 (1951)

O'KEEFE et ux. v. SHAUGHNESSY.

United States District Court, N. D. New York.

Submitted December 22, 1950.

Decided January 8, 1951.


Attorney(s) appearing for the Case

Matthew V. Byrne, Jr., Syracuse, N. Y., for plaintiffs.

Irving J. Higbee, U. S. Atty., Syracuse, N.Y., for defendant, Edmund Port, Syracuse, N. Y., of counsel.


BRENNAN, Chief Judge.

The plaintiffs by motion seek an order of this Court requiring one D'Amico, an Internal Revenue Agent, to appear and give oral testimony in accordance with the provisions of Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A. A brief statement of the facts is made to afford the background for the decision.

In this action the plaintiffs seek to recover a money judgment representing payment to the defendant, who is a Commissioner...

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