Stover v. Universal Moulded Products Corp.

KIRKPATRICK, Chief Judge.

This action was commenced September 27, 1950, by the filing of the complaint.

On October 12 the plaintiff, upon an ex parte application, obtained leave to serve notices upon one of the defendants, Arthur E. Pew, Jr., and upon two witnesses, of the taking of their depositions on October 31 and November 1. Pursuant to leave so granted, the plaintiff on October 16 or 12 handed notices of the taking of the depositions, together with subpoenas, to the marshal for service.

On October 23 at 4:00 P.M. the defendant’s attorney, in New York, mailed a letter, addressed to the…