Holt v. The James Sheridan

DIMOCK, District Judge.

Libelant in a suit based on personal injuries moves under Rule 34, F.R.C.P., 28 U.S.C.A-., for the discovery and inspection, with permission to take photographs and measurements of the tug James Sheridan, and to make copies of ten items. The motion is opposed on the ground that respondent served a notice for the examination of libelant under Rule' 26 before the making of the motion for discovery and. inspection and that libelant has not yet submitted himself for examination.-

In taking this position respondent points to the established practice under Rule 26 of…