Berger v. City of Philadelphia

McGRANERY, District Judge.

This is a tort action against the city of Philadelphia by Aleck and Esther Berger, husband and wife. The case arises upon defendant’s motion to stay plaintiffs’ taking depositions, alleging that the requisite diversity of citizenship of the parties is lacking and that the notice to take depositions violates Rule 26, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, which requires leave of court and an opportunity given to the defendant *40to be heard. By agreement of counsel, the question of jurisdiction has been submitted to this court on the…