Estate of Darling v. Atlantic Contracting Corp.

HOFFMAN, District Judge.

Contemporaneously with the filing of the libel herein, libellants caused a notice to take depositions to be served upon counsel for respondents. While the notice does not specify whether the depositions are to be in the nature of discovery or de bene esse, proctors for libel-lants have stated they desired to proceed by way of discovery. In any event the ruling of the Court would be the same.

The ultimate question to be determined is one of priority with respect to taking discovery depositions. Respondents have now served a like notice upon libellants. Assuming that…