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KNOWLES v. GLADDEN

Civ. No. 64-121.

254 F.Supp. 643 (1965)

Harry C. KNOWLES, Petitioner, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Respondent.

United States District Court D. Oregon.

December 10, 1965.

Attorney(s) appearing for the Case

George L. Kirklin, McColloch, Dezendorf & Spears, Portland, Or., for plaintiff.

Peter S. Herman, Asst. Atty. Gen. State of Oregon, Salem, Or., for defendant.

OPINION

KILKENNY, District Judge:

Petitioner, in this habeas corpus proceeding, moves to quash the respondent's notice to take petitioner's deposition.

Counsel for petitioner argue that discovery depositions are not permissible under 28 U.S.C. § 22461 and Rule 81(a) (2), F.R.Civ.P.2 Supporting this view is Judge Murphy's opinion in Sullivan...

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