Legal Opinion

Dellameo v. Great Lakes S. S. Co.

District Court, N.D. Ohio

Decided February 14, 1949No. Civ. No. 25698PublishedCited by 5 opinions

1Opinion of the Court

JONES, Chief Judge.

That information and hospital records are not readily available is not enough to -support “good cause” under Federal Rules of -Civil Procedure, rule 34, 2-8 U.S.C.A. By the -exercise -of any reasonable amount of diligence and -energy the plaintiff has every opportunity of securing the information that he seeks from the papers possessed by the defendant. The names of all witnesses canvassed by the defendant were -made available; the hospital -records really were primarily under -control of the plaintiff and still can be had by him.

There is no showing here that the plaintiff…

2Cases cited1 opinion

  1. Hickman v. TaylorSupreme Court of the United States · 1947

3Cited by5 opinions

  1. United States v. Certain Parcels of LandDistrict Court, S.D. California · 1953
  2. G. & P. Amusement Co. v. Regent Theater Co.District Court, N.D. Ohio · 1949
  3. Houdry Process Corp. v. Commonwealth Oil Refining Co.District Court, S.D. New York · 1959
  4. Reid v. Harper & Bros.District Court, S.D. New York · 1955
  5. De Gaetano v. Frank A. Clendaniel, Inc.District Court, D. Delaware · 1953

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