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CINE FORTY-SECOND ST. THEATRE v. ALLIED ARTISTS PICTURES

No. 1040, Docket 79-7121.

602 F.2d 1062 (1979)

CINE FORTY-SECOND STREET THEATRE CORP., Plaintiff-Appellee, v. ALLIED ARTISTS PICTURES CORP., American International Pictures, Inc., Columbia Pictures Industries, Inc., Twentieth Century-Fox Film Corp., Warner Bros. Distributing Corp., Cinema Circuit Corp., Harry Brandt Booking Office, Inc., Judlo, Inc., Steftom, Inc. and the Forty-Second Street Co., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 28, 1979.

Attorney(s) appearing for the Case

Robert G. Sugarman, New York City (Henry J. Tashman, Amy L. Katz, Weil, Gotshal & Manges, Lawrence N. Weiss, Weisman, Celler, Spett, Modlin & Wertheimer, William Gold, New York City, of counsel), for defendants-appellants.

Alfred S. Julien, New York City (Stuart A. Schlesinger, Martin S. Rothman, Julien, Schlesinger & Finz, New York City, of counsel), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, and OAKES and MESKILL, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge.

The Federal Rules of Civil Procedure carried the discovery principles of Equity into the nation's courts of law in the hope of expediting the litigation process and of transforming the sporting trial-by-surprise into a more reasoned search for truth.1 On their face, the Rules deal harshly with the recusant deponent and the dilatory answeror. Courts have been reluctant, however,

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