Merchant Bank v. Grove Silk Co.

WATSON, Chief Judge.

Plaintiff filed a motion to quash a subpoena duces tecum served by the Defendant upon Fabian Roll, Vice President of the Plaintiff Bank, at 434 Broadway, New York City, New York.

Plaintiff contends, inter alia, that the subpoena is of no force and effect as it is not within 100 miles of the place of trial, Scranton, Pennsylvania.

*440Under Rule 45 of the Federal Rules of Civil Procedure, 28 U.S.C.A., a subpoena may be served at a place outside the district provided it is within 100 miles of the place of hearing or trial specified in the subpoena. The distance is to be determined…