Independent Productions Corp. v. Loew's Inc.

DIMOCK, District Judge.

Defendants seek an order, under Rule 37(a) F.R.Civ.P., directing plaintiffs by one Biberman, who defendants say is plaintiffs’ managing agent, to answer certain questions put to him on an examination before trial. He refused to answer, assigning as one ground the privilege against self incrimination. I have no reason to doubt the bona fides of his claim. By Rule 26(b) the power of the court to order answers is expressly withdrawn where the matter is privileged. I therefore cannot direct that the questions be answered. I can, however, direct plaintiffs, as the parties…