Dipson Theatres, Inc. v. Buffalo Theatres, Inc.

KNIGHT, District Judge.

This is a motion to vacate a notice to take depositions. Subsequent to the commencement of this action, an accountant, employed by some of the defendants, made an examination of the plaintiff’s books. The plaintiff subsequent thereto served a notice of the taking of the deposition of said accountant.

The plaintiff seeks to question the accountant to learn “all the facts, relevant to the defense of the subject matter of the action, he discovered or may claim to have discovered” in his examination of plaintiff’s books. The notice to take deposition is made under Rule 26(b)…