Herbst v. Able

Memorandum Opinion on Motion to Produce

MOTLEY, District Judge.

Plaintiffs seek an order requiring certain named defendants and certain present and former employees of defendant Douglas Aircraft Company to procure for inspection and copying transcripts of testimony given by these persons at a private hearing conducted by the Securities and Exchange Commission in 1967. (Rules 34 and 37, Fed.R. Civ.P.)1

In these consolidated actions one of plaintiffs’ pivotal claims is that certain statements made by defendants in connection with the sale of Douglas debentures in 1966 relating to the 1966 net…