MOSCOWITZ, District Judge.
These are two motions; one by the plaintiff for an order "vacating and setting aside the defendant's notice, dated September 29th, 1938, for the examination of the plaintiff pursuant to Rules 30-37 of the Rules of Civil Procedure for the District Courts of the United States", 28 U.S.C.A. following section 723c, the other by the defendant for the following relief:
"1. Precluding the plaintiff from giving any evidence upon the trial...
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