Alfred Pearson & Co. v. Hayes

KAUFMAN, District Judge.

Interrogatories are propounded pursuant to Rule 33, Federal Rules of Civil Procedure 28 U.S.C.A. Some of the interrogatories require the production of copies of documents. To these plaintiff objects, contending that these documents may be made available only on an application for discovery and inspection pursuant to Rule 34 of the Federal Rules of Civil Procedure.

Without attempting to collate all of the cases considering this question, it is apparent that there is irreconcilable conflict among the decisions.1 The only difference between the discovery procedure afforded…