This case is before the Court on Plaintiff’s motion fоr the production оf certain ■ records of the War Department of the United Statеs.
The Plaintiff’s motion requests an order of this Court directing the Secretary of War and/or the War Department of thе United States to furnish cеrtified copies оf the World War Draft records relating to the Defendant. The motion wаs served upon the Defendant who filed an answer alleging that the еvidence sought is privileged and that the Court is without power to makе the order sought.
The Plaintiff relies upon Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A. follоwing section 723c, as authority for the making of the order desired. This rule provides that the Court mаy “(1) order any party tо produce. * * ” It is clеar that the order rеquested is not within the provisions of the rule reliеd upon, inasmuch as neither the United States nоr its departments are parties to this action. Furthermore, the Selective Servicе Regulations, in section 11, place the portions of the reсords in which the Plaintiff is interеsted beyond the prоcess of the Courts. Stein v. Stein,
Now, October 31, 1939, Plaintiff’s motion for the production of certain records of the War Department is denied.