Rutherford v. Alben

HARRY E. WATKINS, District Judge.

Motion has been made under Rule 35(b) (1), Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, to require the defendants to furnish plaintiff with a copy of a written report of their physician who examined plaintiff.

It appears that on or about April 1, 1940, plaintiff voluntarily submitted to physical examination, including the taking of X-rays, by a physician selected by defendants. Plaintiff has also been examined by his own physician, and a copy of such physician’s report, together with X-rays taken, have been furnished to…