Huber Baking Co. v. Frank C. Sparks Co.

This is a reargument of one phase of the case of Huber Baking Company v. Sparks Company, 6 Terry 525, 76 A. 2d 124. Counsel for Huber no longer challenges the conclusion there reached that, in a proper case, an examiner may move for the exclusion of witnesses from the deposition room under Rule 30 (b). However, he now contends that, in the cited opinion, I failed to consider whether of not the motion for the protective order was seasonably made. Concededly, I did not touch directly on this phase of the matter and, because it was raised on the briefs and argued to me, .counsel is entitled to a…