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PENNSYLVANIA RAILROAD CO. v. THE MARIE LEONHARDT

No. 13 of 1959.

179 F.Supp. 437 (1959)

PENNSYLVANIA RAILROAD COMPANY, Libellant, v. THE MARIE LEONHARDT, her engines, tackle, apparel, and furniture, and against all persons intervening and their interests in the same, Claimant. LEONHARDT & BLUMBERG, of Hamburg, Germany, as owner of THE MARIE LEONHARDT, Cross-Libellant, v. PENNSYLVANIA RAILROAD COMPANY, Cross-Respondent.

United States District Court E. D. Pennsylvania.

December 30, 1959.

Attorney(s) appearing for the Case

Philip Price, Philadelphia, Pa., for Railroad.

Richard W. Palmer, Philadelphia, Pa., for Leonhardt.

VAN DUSEN, District Judge.

The position taken by libellant and cross-respondent in the above-mentioned motion that there is no authority to take the depositions of the above-named witnesses (as opposed to parties1) for discovery on notice is correct. See Dowling v. Isthmian S. S. Corp., 3 Cir., 1950, 184 F.2d 758; cf. Brown v. Isthmian Steamship Corp., D.C.E.D.Pa.1948, 79 F.Supp. 701...

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