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K. J. SCHWARTZBAUM, INC. v. EVANS, INC.

No. 68 Civ. 104.

279 F.Supp. 422 (1968)

K. J. SCHWARTZBAUM, INC., individually on behalf of itself and all others similarly situated, Plaintiff, v. EVANS, INC., Defendant.

United States District Court S. D. New York.

January 15, 1968.

Attorney(s) appearing for the Case

Feuerstein & Underweiser, New York City, for plaintiff (Bernard A. Feuerstein, New York City, of counsel).

OPINION

MacMAHON, District Judge.

This is an ex parte application by plaintiff under Rule 26(a), Fed.R.Civ.P., for leave to serve notice of the taking of defendant's deposition prior to the expiration of 20 days after commencement of the action." The applicable clause of Rule 26(a) provides that: "After commencement of the action the deposition may be taken without leave of court, except that leave, granted with or without notice, must be obtained...

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