Vecchia v. Fairchild Engine & Airplane Corp.

FRANK, Circuit Judge.

We shall assume, arguendo, the propriety, under Rule 12(e) as it then stood, of the requirements of the second provision of the order of June 23, 1947.1 We shall also similarly assume that the district court, by its order of November 12, 1947, properly denied plaintiffs’ motion for examination before trial. Even so, that order modified the earlier order with the result that plaintiffs were not required to supply the information if not within their knowledge. The proposed amended complaint attached to the notice of motion of December 30, 1947, stated in effect that…