Lipshitz v. Bleyhl

MOSCOWITZ, District Judge.

By this application, made pursuant to Rule 35(b) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, plaintiff seeks to obtain from the defendant a copy of a medical report made by a physician who examined plaintiff for and on behalf of defendant.

Rule 35 provides as follows:

“(a) Order for Examination. In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may order him to submit to a physical or mental examination by a physician. * * *

“(b) Report of Findings. (1) If…