Caribbean Const. Corp. v. Kennedy Van Saun Mfg. & Eng. Corp.

WEINFELD, District Judge.

This motion challenges the propriety of plaintiff’s notice to take defendant’s deposition where the requirement of Rule 4(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., that the summons be forthwith delivered for service upon the defendant, was violated.

It may be noted at the outset that what really is involved as between the litigants is the race for priority in the taking of depositions before trial. We need not consider whether the advantages in priority are illusory or real. It is enough to observe that numerous motions are presented at each motion term…