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WESTERMAN v. GROW

198 F.Supp. 309 (1961)

Samuel L. WESTERMAN, Plaintiff, v. Robert E. GROW, Grow Solvent Company, Inc. and Metropolitan Telecommunications Corporation, Defendants.

United States District Court S. D. New York.

October 6, 1961.

Attorney(s) appearing for the Case

Gallop, Climenko & Gould, New York City, for plaintiff; Jesse Climenko, Martin I. Shelton, and Paul B. Bergins, New York City, of counsel.

Multer, Nova & Seymour, New York City, for defendant Metropolitan Telecommunications Corp.; Barnett J. Nova, New York City, of counsel.

METZNER, District Judge.

Defendant Metropolitan Telecommunications Corporation moves to vacate plaintiff's notice to take its deposition, on the ground of noncompliance with F.R.Civ.Proc. 26(a), 28 U.S.C.A.

The complaint was filed on July 20, 1961. On July 26 the summons and complaint were served upon an employee of the defendant corporation. On August 15 the notice to take deposition was served. On August 25 a second service of the summons and complaint was...

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