Farrell v. P. D. Marchesseni & Co. (New York), Inc.
District Court, S.D. New York
1Opinion of the Court
WYATT, District Judge.
This is an application by respondent for an order striking the libel for failure of libelant to obey a direction of the Court to appear to complete a deposition. The suit is in admiralty for cargo damage.
This and a companion motion by li-belant for an order terminating the deposition arise out of a procedural imbroglio to which possibly the Court unwittingly contributed and which seems to be encouraged by feelings of irritation or frustration or both on the part of the proctor for libelant.
*856On March 18, the proctor for respondent was taking the deposition of libelant on…
2Cases cited2 opinions
- Cleary Brothers v. Christie Scow CorporationCourt of Appeals for the Second Circuit · 1949
- Kempt v. Isthmian S. S. LinesDistrict Court, S.D. New York · 1950