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BORDEN COMPANY v. CLEARFIELD CHEESE CO.

Civ. A. No. 64-548.

244 F.Supp. 366 (1965)

The BORDEN COMPANY, Plaintiff, v. CLEARFIELD CHEESE CO., Inc., a Pennsylvania corporation, Defendant.

United States District Court W. D. Pennsylvania.

August 13, 1965.

Attorney(s) appearing for the Case

Pennie, Edmond, Morton, Taylor & Adams, New York City, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiff.

Eckert, Seamans & Cherin, Pittsburgh, Pa., for defendant.

DUMBAULD, District Judge.

The burden of defending against unmeritorious lawsuits is one of the inescapable concomitants of living in a civilized society, as Justice Brandeis has aptly reminded us.1 Ancillary and incidental thereto, and an integral part thereof, is the burden of discovery procedure, under the rules adopted for the federal court system in 1937 through the efforts of Attorney General Homer Cummings.

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