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WITTBROT v. ANDERSON

Civ. A. No. 4925.

262 F.Supp. 10 (1966)

Helen WITTBROT, Plaintiff, v. Morgan W. ANDERSON, Executor of the Estate of Ladimer G. Jebavy (aka L. G. Jebavy), Deceased, and Jebavy-Sorenson Orchard Company, a Michigan corporation, jointly and severally, Defendants.

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

December 30, 1966.

Attorney(s) appearing for the Case

Himelstein & Ward, Grand Rapids, Mich., Samuel H. Himelstein, Grand Rapids, Mich., of counsel, for plaintiff.

Warner, Norcross & Judd, Grand Rapids, Mich., Harold S. Sawyer, Grand Rapids, Mich., of counsel, for defendants.

OPINION

FOX, District Judge.

In a breach of contract action against the Executor of the Estate of Ladimer G. Jebavy and others, the defendants have made a motion for a protective order under Rule 30(b) of the Federal Rules of Civil Procedure, permitting the defendants to take the discovery deposition of the plaintiff, Helen Wittbrot, without waiving plaintiff's disqualification under the so-called Dead Man's Statute, M.S.A. 27A.2160 [Comp.Laws 1948, §...

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