EBERHARDT, Judge.
1. The proceeding to take plaintiff's deposition was under the Depositions and Discovery Act of 1959 (Ga. L. 1959, p. 425, et seq.) now found in Code Ann. § 38-2101 et seq. The Act was taken from the Federal Rules of Civil Procedure and with slight immaterial variations its sections are substantially identical to corresponding rules. Because of this similarity it is proper that we give consideration
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