Associated Transport, Inc. v. Riss & Co.
District Court, N.D. Ohio
1Opinion of the Court
JONES, District Judge.
On December 10, 1946, plaintiffs served on defense counsel, Mr. A. W. Thomas, a notice that the deposition of Troutman would be taken on December 12, 1946 at 4:30 p. m. On the afternoon of December 11, 1946, defense counsel informed plaintiffs’ counsel that he would not appear for the taking of the deposition inasmuch as leave of court had not been obtained, as required by Rule 26(a), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in cases where answer has not been filed. Plaintiffs’ counsel states that when this matter was called to his attention…
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