Ainsworth v. Cooper Underwear Co.

The examination sought is material and necessary to enable defendant to establish the defense pleaded. (Civ. Prac. Act, § 288.) The defense, if established, is a valid one under section 3 of the Clayton Act (38 U. S. Stat. 731). * We reverse the order vacating the notice of examination. However, we modify that notice by striking out paragraphs numbered 5 and 6. The portion of the order appealed from which denies defendant’s countermotion is reversed, and the motion is granted except that the portion of the new order corresponding with paragraph (1) of defendant’s notice of countermotion…