Smith v. Bentley

HULBERT, District Judge.

Plaintiff moves for an order directing defendants Witmark Music Library and Tams-Witmark Music Library Inc. to produce certain books, papers and documents listed in plaintiff’s notice of examination of said defendants, and also directing the defendants to answer certain questions which they have heretofore refused to answer on the examination before trial. The objections of the two named defendants may be summarized as follows:

1. The notice to produce, contained in the notice of examination, is not sufficient, since plaintiff must proceed by subpoena duces tecum under…