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CARTER-WALLACE, INC. v. HARTZ MOUNTAIN INDUSTRIES

No. 81 Civ. 458 (RLC).

553 F.Supp. 45 (1982)

CARTER-WALLACE, INC., Plaintiff, v. HARTZ MOUNTAIN INDUSTRIES, INC., and the Hartz Mountain Corporation, Defendants.

United States District Court, S.D. New York.

September 22, 1982.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, for plaintiff; Donald B. da Parma, New York City, of counsel.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendants; Ira S. Sacks, New York City, of counsel.

Williams & Connolly, Washington, D.C., for David Lovitz and James Proud; Gregory B. Craig, Washington, D.C., of counsel.

OPINION

ROBERT L. CARTER, District Judge.

In the latest flurry of bitter, sometimes peevish papers that have been filed in this action, Carter-Wallace, Inc. ("C-W"), and Hartz Mountain Industries, Inc. ("Hartz"), have each brought two motions.

In its first motion, C-W asks the court, pursuant to Rules 26(b)(3) and 37, F.R. Civ.P., to order two of Hartz' top executives to respond to questions that they refused to answer at C-W's depositions or, in...

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