Legal Opinion
O'Neill v. Blue Comet Cab Corp.
District Court, S.D. New York
Decided November 4, 1953PublishedCited by 4 opinions
1Opinion of the Court
SUGARMAN, District Judge.
Plaintiffs move for an order striking the answer of Marcus D. Beard, one of the defendants, for his failure to appear for examination on oral deposition pursuant to a notice dated January 7, 1952.
Beard’s attorneys oppose this motion, citing F.R.Civ.P. 45(d) (2), 28 U.S.C.A., upon the ground that he resides in North Carolina and the moving papers fail to state that a subpoena was served upon him. That rule, when read in conjunction with F.R.Civ.P. 26(a), applies only to the examination of a witness. Subpoena need not be served upon a party for the taking of his…
2Cases cited1 opinion
- Collins v. WaylandCourt of Appeals for the Ninth Circuit · 1944
3Cited by4 opinions
- Crummer v. BeelerCalifornia Court of Appeal · 1960
- Bourne, Inc. v. RomeroDistrict Court, M.D. Louisiana · 1959
- Scarlatos v. KulukundisDistrict Court, S.D. New York · 1957
- United States v. KelleyDistrict Court, S.D. Texas · 1968