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EMPIRE BOX CORP. v. ILLINOIS CEREAL MILLS

91 A.2d 248 (1952)

EMPIRE BOX CORP. OF STROUDSBURG v. ILLINOIS CEREAL MILLS, Inc.

Superior Court of Delaware, New Castle.

August 26, 1952.

Attorney(s) appearing for the Case

Edwin D. Steel, Jr. (of Morris, Steel, Nichols & Arsht), Wilmington, for plaintiff.

H. Albert Young (of Young & Wood), Wilmington, for defendant.

HERRMANN, Judge.

The plaintiff served upon the defendant a notice of the taking of a deposition upon oral examination in Decatur, Illinois. The witness is an expert whose testimony the plaintiff wishes to introduce by means of the deposition at the trial of the cause. The deposition is not desired for the purpose of discovery and it does not appear that the plaintiff is unable to produce the witness at the trial.

The defendant invokes Superior Court Rule 30...

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