Herbert K. Zassenhaus and Charlotte S. Zassenhaus v. The Evening Star Newspaper Co.

In controversy on this appeal is the scope of judicial discretion to deny a request, pursuant to Rule 28(b) of the Federal Rules of Civil Procedure, 1 *for the issuance of a commission or a letter rogatory in aid of efforts to secure the testimony of a foreign witness for use in a domestic civil trial.

Appellants, husband and wife, seek damages for personal injuries to the husband and loss of consortium to the wife allegedly caused by negligence for which appellee bears a potential responsibility. The husband’s injuries were sustained in a fall when he tripped over a wire that had been left on…