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ZASSENHAUS v. EVENING STAR NEWSPAPER CO.

No. 21273.

404 F.2d 1361 (1968)

Herbert K. ZASSENHAUS and Charlotte S. Zassenhaus, Appellants, v. The EVENING STAR NEWSPAPER CO., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 10, 1968.

Petition for Rehearing Denied November 5, 1968.

Attorney(s) appearing for the Case

Mr. Michael Nussbaum, Washington, D. C., with whom Messrs. Leonard Braman and Earl H. Davis, Washington, D. C., were on the brief, for appellants.

Mr. Cornelius H. Doherty, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, and McGOWAN and ROBINSON, Circuit Judges.

PER CURIAM:

In controversy on this appeal is the scope of judicial discretion to deny a request, pursuant to Rule 28(b) of the Federal Rules of Civil Procedure,1 for the issuance of a commission or a letter rogatory in aid of efforts to secure the testimony of a foreign witness for use in a domestic civil trial.

Appellants, husband and wife, seek damages for personal injuries to the husband...

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