Kensington Village, Inc. v. Mengel Co.

SUGARMAN, District Judge.

In companion actions, Kensington Village, Inc., and Kenville Homes, Inc., sue to recover damages arising from alleged breaches by The Mengel Co. of its contracts to furnish merchandise to the plaintiffs.

On July 3, 1950, plaintiffs served notices to examine defendant on oral examination. On February 25, 1952, defendant served notices to examine plaintiffs on oral examination. The parties stipulated on that date that the defendant’s examination of plaintiffs would commence on the day following the completion of the taking, by plaintiffs, of defendant’s deposition. On…