Order modified by adding thereto a provision granting appellant's said cross motion to the extent of precluding defendant in Action No. 4 from testifying at the trial unless he (1) submits to an examination before trial on such date and place as shall be fixed by appellant by written notice of not less than 10 days, served upon said defendant's attorneys, and (2) pays $250 to appellant's attorneys five days before such date for examination. As so modified, order affirmed...
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