24 F.R.D. 328 | S.D.N.Y. | 1958
The United States of 'America brings this action to recover a statutory penalty alleged to be due by reason of defendant allowing its vessels to be navigated on the high seas without first obtaining the certificate of inspection required by 46 U.S.C.A. § 395.
The instant motion is by the United States for an order vacating and quashing the defendant’s notice to take the testimony of “the plaintiff by its Officer familiar with the matters alleged in the complaint * * *." Movant contends that such notice fails to meet the requirements set forth by Fed.Rules Civ.Proc. rule 30(a), 28 U.S.C.A.
Motion granted.