Wittbrot v. Anderson

OPINION

FOX, District Judge.

In a breach of contract action against the Executor of the Estate of Ladimer G. Jebavy and others, the defendants have made a motion for a protective order under Rule 30(b) of the Federal Rules of Civil Procedure, permitting the defendants to take the discovery deposition of the plaintiff, Helen Wittbrot, without waiving plaintiff’s disqualification under the so-called Dead Man’s Statute, M.S.A. 27A.2160 [Comp.Laws 1948, § 600.2160, Pub.Acts 1961, No. 236] to testify at the trial concerning the same matter.

The Michigan Supreme Court has examined the effect of taking…