Jerome v. Twentieth Century-Fox Film Corporation

CAFFEY, District Judge.

These are motions (1) by defendant to have plaintiff separately state and number the claims alleged in paragraphs 25 to 39 (called herein the second cause of action) of the amended complaint if more than one claim is attempted to be stated therein; (2) by defendant (in its brief and discussed by both counsel) to dismiss a claim of unfair competition if one be stated in the second cause of action; and (3) by plaintiff to compel defendant to answer questions asked in taking a deposition.

Solution of the problem presented requires resort to Hurn v. Oursler, 289 U.S. 238, 53…