Fruit Growers Co-operative v. California Pie & Baking Co.

BYERS, District Judge.

Motion by third-party defendants to vacate notice of taking of the deposition on written interrogatories of one Bushman, or to postpone it until after plaintiff’s deposition shall have been taken pursuant to notice; or the notice shall have been vacated pursuant to motion to that end, now pending and undetermined before another Judge of this court.

Concededly the latter notice was first in point of time, and unless there is good reason to the contrary (Kenealy v. Texas Co., D.C., 29 F.Supp. 502), the precedence governing the taking of depositions was thereby established.

Th…