MULLIGAN v. UNITED STATES


87 F.Supp. 79 (1949)

MULLIGAN v. UNITED STATES et al.

United States District Court S. D. New York.

October 24, 1949.


Attorney(s) appearing for the Case

Alexander D. Sioris, New York City, proctor for libellant.

Bigham, Englar, Jones & Houston, New York City, proctors for respondents, John J. Martin, New York City, of counsel.


RIFKIND, District Judge.

In this action, which is in admiralty, respondents move for an order vacating libellant's notice to take the deposition upon oral examination of officers, agents, and employees in charge of the steamship Daniel Hiester, for purpose of discovery. The question presented is whether the practice in admiralty authorizes such discovery procedure.

Unlike the Federal Rules of Civil Procedure, rule 26, 28 U.S.C.A., the Admiralty Rules, 28 U...

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