Smith Frozen Foods of Idaho, Inc. v. Merchants Refrigerating Co.

S.D. New York

Smith Frozen Foods of Idaho, Inc. v. Merchants Refrigerating Co.

14 F.R.D. 33, 1953 U.S. Dist. LEXIS 4573

District Court, S.D. New York·Decided January 7, 1953·Published

Opinion

WEINFELD, District Judge.

Upon a review of the pleadings and contentions of the respective parties, I am persuaded that the issues of custom, practice, and the oral agreement, as alleged in the complaint, require that the deposition be taken by oral examination and that written interrogatories would be quite inadequate.¹

Accordingly, the motion to vacate the notice for the deposition of the plaintiff by oral examination is denied, but the order to be entered may contain an appropriate provision that, at plaintiffs option, the examination may be conducted at Pendleton, Oregon, or Lewiston, Idaho, provided it defrays the expenses of defendant’s attorneys (they having waived counsel fees), as outlined in Morrison Export Co. v. Goldstone, D.C., 12 F.R.D. 258; Worth v. Trans World Films, D.C., 11 F.R.D. 197.

Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

WEINFELD, District Judge.

Upon a review of the pleadings and contentions of the respective parties, I am persuaded that the issues of custom, practice, and the oral agreement, as alleged in the complaint, require that the deposition be taken by oral examination and that written interrogatories would be quite inadequate.¹

Accordingly, the motion to vacate the notice for the deposition of the plaintiff by oral examination is denied, but the order to be entered may contain an appropriate provision that, at plaintiffs option, the examination may be conducted at Pendleton, Oregon, or Lewiston, Idaho, provided it defrays the expenses of defendant’s attorneys (they having waived counsel fees), as outlined in Morrison Export Co. v. Goldstone, D.C., 12 F.R.D. 258; Worth v. Trans World Films, D.C., 11 F.R.D. 197.

Settle order on notice.

Smith Frozen Foods of Idaho, Inc. v. Merchants Refrigerating Co., 14 F.R.D. 33, 1953 U.S. Dist. LEXIS 4573 (S.D.N.Y. 1953).

Pincite

14 F.R.D. 33 (Smith Frozen Foods of Idaho, Inc. v. Merchants Refrigerating Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related