Legal Opinion

Brown v. Isthmian Steamship Corp.

District Court, E.D. Pennsylvania

Decided July 26, 1948No. 119PublishedCited by 8 opinions

1Opinion of the Court

KIRKPATRICK, District Judge.

The single question upon which both the above motions depends is:

Has a party to a suit in admiralty the right to take the testimony of the other party by deposition upon oral examination for the purpose of discovery?

The Admiralty Rules promulgated by the Supreme Court, 28 U.S.C.A. as revised, provide for written interrogatories to be answered under oath by a party. Admiralty Rule 31 covering this point is a counterpart of Rule 33 (as originally adopted) of the Federal Rules of Civil Procedure, 28 U.S.C.A. However, there is no admiralty rule corresponding to Rule 26…

2Cases cited1 opinion

  1. Havrisko v. United StatesDistrict Court, E.D. New York · 1946

3Cited by8 opinions

  1. Miner v. AtlassSupreme Court of the United States · 1960
  2. Dowling v. Isthmian S.S. CorporationCourt of Appeals for the Third Circuit · 1950
  3. Mercado v. United StatesCourt of Appeals for the Second Circuit · 1950
  4. Mulligan v. United StatesDistrict Court, S.D. New York · 1949
  5. Standard Steamship Co. v. United StatesDistrict Court, D. Delaware · 1954

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