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KHURI v. M. W. KELLOGG CO.

13 A.D.2d 633 (1961)

Jawdat N. Khuri, Appellant, v. M. W. Kellogg Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 18, 1961

Order, entered on December 14, 1960, denying plaintiff's motion for the examination of a prospective witness, affirmed.

BREITEL, J. P. (dissenting).

This case presents anew an example of procedural technicalities being exalted for their own sake and the ultimate purpose of litigation being diverted from the vaunted pursuit of truth.

Plaintiff has been told by the witness, whose examination he seeks and under whom he has worked as a research...

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