Warning Lites Co. v. Leggitt

SPEARS, Chief Judge.

This case involves the order of taking depositions under Rule 26 of the Federal Rules of Civil Procedure.

Plaintiff claims a patent infringement and unfair competition on the part of the defendants. Service of the summons and complaint was completed on March 12, 1963.

On March 27, 1963, the attorney for the defendants sent plaintiff’s attorney a plea in abatement and an answer, and, in an accompanying letter, wrote that: “(W)e would like to take Mr. Holm-green’s deposition if this is agreeable.” The “Mr. Holmgreen” referred to is W. E. Holmgreen, Jr., president of the…