KNOX, District Judge.
Motion to vacate notice of examination granted as to Brawley. It appears that plaintiff unsuccessfully attempted to examine this person as a defendant in a companion litigation in the New York Supreme Court. Upon this account, I think plaintiff should not be permitted to circumvent that ruling by means of the simple expedient of instituting a suit in this court. Upon conclusion of the State court action, plaintiff may re-serve Brawley with a...
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