Pennsylvania Railroad v. The Marie Leonhardt

VAN DUSEN, District Judge.

The position taken by libellant and cross-respondent in the above-mentioned motion that there is no authority to take the depositions of the above-named witnesses (as opposed to parties 1) for discovery on notice is correct. See Dowling v. Isthmian S. S. Corp., 3 Cir., 1950, 184 F.2d 758; cf. Brown v. Isthmian Steamship Corp., D.C.E.D.Pa.1948, 79 F.Supp. 701; Atlass v. Miner, 7 Cir., 1959, 265 F.2d 312, certiorari granted 361 U.S. 807, 80 S.Ct. 66, 4 L.Ed.2d 57. However, the United States Court of Appeals for the Third Circuit has recognized that the taking of…