Legal Opinion

Empire Box Corp. of Stroudsburg v. Illinois Cereal Mills, Inc.

Superior Court of Delaware

Decided August 26, 1952No. 591PublishedCited by 1 opinion

1Opinion of the Court

Herrmann, J.:

The plaintiff served upon the defendant a notice óf the taking of a deposition upon oral examination in Decatur, Illinois. The witness is an expert whose testimony the plaintiff wishes to introduce by means of the deposition at the trial of the cause. The deposition is not desired for the purpose of discovery.

The defendant invokes Superior Court Rule 30(h) 1 and moves to vacate the notice of the taking of th£ deposition unless the plaintiff advances reasonable expenses and counsel feés for the attendance of the defendant’s attorney.

The plaintiff opposes the defendant’s…

2Cases cited2 opinions

  1. Gibson v. International Freighting CorporationCourt of Appeals for the Third Circuit · 1949
  2. Gitto v. "Italia", Societa' Anonima Di NavigazioneDistrict Court, E.D. New York · 1939

3Cited by1 opinion

  1. Sears v. DotySuperior Court of Delaware · 1952

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