C. F. Simonin's Sons, Inc. v. American Can Co.

MARIS, Circuit Judge.

On May 28, 1937, the plaintiff commenced an action at law in this court against the defendant. Thereafter it filed in this court its bill for discovery in aid of that action. Upon motion of the defendant this bill was dismissed. D.C., 22 F.Supp. 784.

The plaintiff now seeks leave to file an amended bill and argues that it has added additional averments which remove the objections that required the dismissal of the original bill. We deem it unnecessary, however, to determine whether the plaintiff’s proposed amended bill discloses a right to discovery in equity in view of…