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LOUGHLIN v. MILLER

55 Misc.2d 12 (1967)

Rita Loughlin et al., as Executors of Joseph Loughlin, Deceased, Plaintiffs, v. Robert T. Miller et al., Defendants.

Supreme Court, Seneca County.

November 3, 1967

Attorney(s) appearing for the Case

Doyle & Midey (Thomas L. Jones of counsel), for plaintiffs. MacKenzie, Smith, Lewis, Mitchell & Hughes (John F. Lawton of counsel), for Robert T. Miller and another, defendants. Sugerman, Wallace & Manheim (Donald L. Schoenwald of counsel), for Daniels Motor Freight, Inc., defendant.

MARSHALL E. LIVINGSTON, J.

Two motions are herein considered under CPLR 3101. They were made by defendants Miller and Hook and by plaintiffs for an order compelling defendant Daniels Motor Freight, Inc. (Daniels), an interstate motor carrier, (1) to produce for inspection a copy of its report to the Interstate Commerce Commission (ICC) relative to the accident of September 13, 1965, in suit, and (2) to produce...

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