H. Wagner & Adler Co. v. Mali

SWAN, Circuit Judge.

Upon the filing of the bill of discovery the defendants moved to dismiss on three grounds: For lack of equity; because discovery was sought in aid of an action for treble damages; and because discovery would prove matters which, according to the allegations of the complaint in the action at law, constitute a crime. This motion was denied by Judge Woolsey upon the authority of Baush Mach. Tool Co. v. Aluminum Co., 63 F.(2d) 778 (C. C. A. 2) certiorari denied 289 U. S. 739, 53 S. Ct. 658, 77 L. Ed. 1486, without passing upon the propriety of the interrogatories sought to be…