Legal Opinion
Westerman v. Grow
District Court, S.D. New York
Decided October 6, 1961PublishedCited by 3 opinions
1Opinion of the Court
METZNER, District Judge.
Defendant Metropolitan Telecommunications Corporation moves to vacate plaintiff’s notice to take its deposition, on the ground of noncompliance with F.R.Civ.Proc. 26(a), 28 U.S.C.A.
The complaint was filed on July 20, 1961. On July 26 the summons and complaint were served upon an employee of the defendant corporation. On August 15 the notice to take deposition was served. On August 25 a second service of the summons and complaint was made upon an officer of the defendant corporation.
In a companion motion the first service of the summons and complaint on July 26 has been…
2Cases cited3 opinions
- Caribbean Const. Corp. v. Kennedy Van Saun Mfg. & Eng. Corp.District Court, S.D. New York · 1952
- Edwin H. Morris & Co. v. Warner Bros. Pictures, Inc.District Court, S.D. New York · 1950
- Netter v. Ashland Paper Mills, Inc.District Court, S.D. New York · 1956
3Cited by3 opinions
- Waters v. Superior CourtCalifornia Supreme Court · 1962
- In re the Royal BankDistrict Court, S.D. New York · 1963
- Hoffler v. WheelerDistrict of Columbia Court of Appeals · 1962