Cox v. Commonwealth Oil Co.

GARZA, District Judge.

Defendant and Third-Party Plaintiff, Commonwealth Oil Company, attached *584the affidavit of W. Mack Crook to its brief in opposition to the motion for summary judgment of Third-Party Defendant Clayton Mark & Company. The affidavit related to tests made by the affiant as an expert engineer hired by Commonwealth to determine whether or not Clayton Mark & Company had manufactured a defective union.

Clayton Mark & Company then made application to take the oral deposition of W. Mack Crook, which was opposed by Commonwealth in its motion for an order with respect to the intention…