Monticello Tobacco Co. v. American Tobacco Co.

WEINFELD, District Judge.

This is a motion under Rule 37 of the Federal Rules of Civil Procedure, 28 U.S. C.A., to compel an attorney who acted as trial counsel and is now appeal attorney for the plaintiff to answer certain questions propounded to him upon an oral examination in aid of a judgment for costs entered in favor of the defendants. The questions seek to elicit facts relating to, or leading to, discovery of plaintiff’s assets.

Inquiries as to past financial payments made in connection with plaintiff’s lawsuit conceivably could lead to the discovery of assets held by others or under…