Canuso v. City of Niagara Falls

KNIGHT, District Judge.

Defendant has now moved to quash a subpoena duces tecum served upon the City Manager demanding the production of certain documents for examination before trial in connection with oral depositions being taken by plaintiff, or to impose terms. Defendant objects to the production upon the grounds that it would necessitate considerable time and expense to assemble the same, that the matter required is privileged and irrelevant, and that plaintiff should move under rule 34 rather than under rule 26, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.…