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WILLMOTT v. AGWI NAV. CO.

No. 7093.

16 F.Supp. 870 (1936)

WILLMOTT v. AGWI NAV. CO. et al.

District Court, E. D. New York.

October 22, 1936.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City, for the motion.

Davidson & Davidson, of New York City (Louis B. Davidson, of New York City, of counsel), opposed.

BYERS, District Judge.

Motion by defendant to vacate a notice of taking a deposition de bene esse of a witness pursuant to title 28 U.S.C. § 639 (28 U.S.C.A. § 639).

The notice is challenged upon the ground that the witness resides within 100 miles of the place of trial and is not "about to go out of the United States, or out of the district in which the case is to be tried, and to a greater distance than 100 miles from the place of trial, before...

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