La Salle Co. v. Kane

BYERS, District Judge.

These are three motions argued January 19, 1949, of which disposition can be made in one decision:

1. For summary judgment (Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A.).

2. To vacate ex parte order joining third party defendants.

3. To vacate defendant’s notice of taking deposition before trial of the plaintiff (namely, Thomas S. Harris, its president) .

The motion papers reveal the following situation, which must be understood *626with some completeness if the motions are to he fairly dealt with:

The complaint contains five counts, the first three of which allege that…