Eberhard F. Cimijotti v. Frances Paulsen, Clarice Sprout, Lauretta M. Cimijotti

The appeal is from an order of the District Court overruling motions to require some witnesses to answer certain questions asked of them in depositions taken by the plaintiff (here appellant) for discovery purposes under Rule 26(a), Federal Rules of Civil Procedure, 28 U.S. C.A. The defendants (here appellees) have filed a motion to dismiss the appeal for want of a final order or judgment. The motion to dismiss is granted.

Rulings on the propriety or impropriety of incidents of deposition-taking under Rule 26 in a pending suit are not “final decisions” within the general right of appeal…