Meixsell v. Delaware, Lackawanna & Western Railroad

KRAFT, District Judge.

Plaintiffs’ supplemental interrogatories 1 to 11, inclusive, 13 and 14 are filed under F.R.Civ.P. 33, 28 U.S.C.A. Defendant’s basic objection to these interrogatories is that they are clearly requests for admission under F.R.Civ.P. 36. While plaintiff argues that the Court should always look to realities, we cannot ignore the differentiation between the two rules involved, the purposes and functions of which are separate and distinct. Jones v. Boyd Truck Lines, D.C., 11 F.R.D. 67.

Whether these supplemental interrogatories are phrased as ■ they are *153through design or…