Standard Acc. Ins. v. Home Indemnity Co.

J. P. T. O’CONNOR, District Judge.

The plaintiff filed its complaint for declaratory relief in this court on September 4, 1946, and on September 6, 1946, filed its proposed “Interrogatories to Defendant” under Rule 33, R.C.P., 28 U.S.C.A. following section 723c.

The answer of the Home Indemnity Company of New York was filed on September 24, 1946; thus, the proposed interrogatories were filed prior to the filing of the answer by the defendant corporation. The defendant corporation objects to answering the interrogatories before answer has been served except by leave of court. The objection is…