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SCHLAGENHAUF v. HOLDER

No. 8.

379 U.S. 104 (1964)

SCHLAGENHAUF v. HOLDER, U. S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF INDIANA.

Supreme Court of United States.

Decided November 23, 1964.

Attorney(s) appearing for the Case

Robert S. Smith argued the cause for petitioner. With him on the briefs was Wilbert McInerney.

Erle A. Kightlinger argued the cause for respondent. With him on the brief were Aribert L. Young and Keith C. Reese.

MR. JUSTICE GOLDBERG delivered the opinion of the Court.

This case involves the validity and construction of Rule 35 (a) of the Federal Rules of Civil Procedure as applied to the examination of a defendant in a negligence action. Rule 35 (a) provides:

"Physical and Mental Examination of Persons. (a) Order for examination. In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may order...

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