Shelly Tractor & Equipment Co. v. Arnold Construction Co.

LEWIS KAPNER, Circuit Judge.

This matter is presented upon defendant’s motion for a protective order.

Defendant, in answer to interrogatories, stated that he intended to use a Mr. Klaiber as an expert witness in this case. On August 15, 1973 plaintiff filed a motion for leave to take the deposition of Mr. Klaiber and two other expert witnesses. This motion was granted on November 7, 1973. Subsequently, on December 10, 1973, the defendant filed a motion for a protective order, claiming that he no longer expected to call Mr. Klaiber as an expert witness at trial. It is that motion which is before…