Commander-Larabee Milling Co. v. Manufacturers & Traders Trust Co.

KNIGHT, District Judge.

The defendant before answering moves under Rule 26(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following. section 723c, for leave of the court to take the depositions of “officers and employees” of the plaintiff on oral interrogatories, and to require the production for inspection of certain books and documents of the plaintiff. Since the motion is not made for the preservation of testimony of parties or witnesses, it should be granted only under special circumstances. The reason therefor is apparent. Under Rule 12(e) of the aforesaid Rules, the defendant…