Di DONNA v. FIRST NAT. STORES


33 Misc.2d 597 (1962)

Mary Di Donna, Plaintiff, v. First National Stores, Inc., Defendant.

District Court, Nassau County.

April 10, 1962


Attorney(s) appearing for the Case

Julius D'Amato for plaintiff. Breed, Abbott & Morgan for defendant.


JOHN DALY, J.

Defendant's motion to have a commission to examine under oath Mr. C. J. Tempas, vice-president in charge of production of Green Giant Company, Le Sueur, Minnesota, as a witness on behalf of the defendant, is granted in all respects.

I agree with the attorney for the defendant that the issue in this case is whether the can contained a worm or not. That is the very reason why the testimony of Mr. Tempas is necessary for the defendant...

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