Lip Lure, Inc. v. Bloomingdale Bros.

CONGER, District Judge.

The plaintiff, by this motion, seeks to examine, pursuant to Rule 34 of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, the defendants, and to compel them to produce and permit inspection, etc., of documents, etc., regarding: “5. The maintenance of the defense of this suit by the manufacturer of said Princess Pat Cosmetics”. Neither Princess Pat Cosmetics nor Princess Pat Ltd. is a party to this action.

The plaintiff's contention is that this inspection is sought to ascertain the facts and to find out whether or not the activities of Princess…