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STERN v. INTER-MOUNTAIN TELEPHONE COMPANY

No. 12396.

226 F.2d 409 (1955)

J. L. STERN, Appellant, v. INTER-MOUNTAIN TELEPHONE COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

As Amended on Denial of Rehearing November 14, 1955.

Attorney(s) appearing for the Case

J. L. Stern, Briston, Tenn., for appellant.

James H. Epps, Jr., Johnson City, Tenn. (Fred H. Parvin, Greeneville, Tenn., Cox, Epps, Miller & Weller, Johnson City, Tenn., on the brief), for appellee.

Before ALLEN, MARTIN and STEWART, Circuit Judges.

PER CURIAM.

This action was brought by the appellant in a Tennessee state court and was removed by the appellee to the Federal District Court upon a showing of diversity jurisdiction.

Several weeks after filing its answer, the appellee served notice upon the appellant to take his deposition in accordance with Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The day his deposition was to be taken the appellant filed a motion for leave to take a...

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