Porto Transport, Inc. v. Consolidated Diesel Electric Corp.

LEVET, District Judge.

The sole issue raised by plaintiff’s motion under Rule 30 of the Federal Rules of Civil Procedure, 28 U.S.C.A., is whether it or the defendant Consolidated Diesel Electric Corporation (hereinafter referred to as Consolidated) is entitled to priority in the taking of depositions.

On October 15, 1957, plaintiff served by mail a notice to take the deposition of Consolidated by its president. The examination was scheduled to commence on October 24, 1957. On October 17, 1957, Consolidated delivered to the office of plaintiff’s counsel a notice to take the deposition of…