Palensar v. Isthmian S. S. Co.
District Court, S.D. New York
1Opinion of the Court
WEINFELD, District Judge.
Since the vessel on which plaintiff was allegedly injured is no longer in the possession, custody or control of the defendant as contemplated by Rule 34 of the Federal Rules of Civil Procedure, 28 U.S. C.A., plaintiff’s request to take photographs of the vessel must be denied. If defendant possesses such photographs, it is directed that they be produced; if not, a- statement shall be served 'Upon plaintiff’s attorney within ten (10) days after service of a copy of this order with notice of entry, setting forth that defendant is not in possession of such photographs.
Def…
2Cases cited3 opinions
- Safeway Stores, Inc. v. ReynoldsCourt of Appeals for the D.C. Circuit · 1949
- Bifferato v. States Marine Corp.District Court, S.D. New York · 1951
- Mulligan v. Eastern S. S. Lines, Inc.District Court, S.D. New York · 1946
3Cited by9 opinions
- Thomas Organ Co. v. Jadranska Slobodna PlovidbaDistrict Court, N.D. Illinois · 1972
- Durkin v. Pet Milk Co.District Court, W.D. Arkansas · 1953
- Sagorsky v. MalyonDistrict Court, S.D. New York · 1952
- Burke v. United StatesDistrict Court, E.D. New York · 1963
- Self v. Employers Mutual Liability Ins. Co. of Wis.Louisiana Court of Appeal · 1956
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