Gordon, Wolf, Cowen Co. v. Independent Halvah & Candies, Inc.

CONGER, District Judge.

Defendant’s objections to the interrogatories served on August 21, 1952 are overruled in part.

It is true that the courts frequently sustain objections to interrogatories which call for opinions, conclusions or contentions. See Moore’s Federal Practice, 2d Ed. V. 4, pages 2303-4 and cases cited. But the rule is not inflexible. Moore, supra, page 2308 et seq.

Interrogatory No. 1—-The defendant has answered a prior and similar interrogatory to the effect that it “did not keep any records which segregated its manufacturing and selling costs for its halvah sales from its…