Pirnie v. Andrews

MANDELBAUM, District Judge.

The executrix of the defendant, Archie M. Andrews, deceased, moves for an order pursuant to Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, directing the plaintiff to appear and have his deposition taken upon oral examination and to produce and bring with him at the time of said examination all papers, records and documents concerning the facts and transactions alleged in the complaint in his possession or under his control.

The defendant has not interposed her answer and it is therefore necessary under Rule 26 to obtain leave of…