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BOYD v. WRISLEY

Civ. A. No. 4143.

228 F.Supp. 9 (1964)

J. Trimble BOYD, Plaintiff, v. Albert L. WRISLEY, John Doe and Richard Roe, individually and dba Cedar Lodge Hotel, Defendants.

United States District Court W. D. Michigan, S. D.

March 25, 1964.

Attorney(s) appearing for the Case

Marcus, McCroskey, Finucan, Libner & Reamon, Grand Rapids, Mich., William G. Reamon, Grand Rapids, Mich., of counsel, Joseph M. Fasano, Chicago, Ill., for plaintiff.

Harrington, Waer, Cary & Martin, Grand Rapids, Mich., John C. Cary, Grand Rapids, Mich., of counsel, Williams, Thompson & Coulter, Traverse City, Mich., K. E. Thompson, Traverse City, Mich., of counsel, for defendants.

KENT, Chief Judge, and FOX, District Judge.

During pretrials conducted in this case on June 7, 1963 and October 15, 1962, the parties took conflicting positions as to the scope and meaning of the physician-patient privilege, when viewed in light of the discovery procedures declared by the Federal Rules of Civil Procedure.

Discovery under the Rules is limited to any matter "not privileged." Rule 26(b). The same limitation resides in Rule 34 relating to the...

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