Graver Tank & Mfg. Corp. v. James B. Berry Sons Co.

SCHOONMAKER, District Judge.

Defendant has filed interrogatories under Rule 33 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Plaintiff has filed objection to answering certain of them, on the ground that the answers would not be material or relevant to any of the issues raised by the allegations of the complaint. The defendant has filed no answer, so we shall be unable to determine the precise relevancy of any of the matters inquired about, so far as concerns any defense the defendant may have to the plaintiff’s cause of action, as stated in its complaint.

The plaintiff…