9 F.R.D. 678 | M.D. Penn. | 1950
This is an action by the Housing Expediter alleging violations by the defendant, Louis Kornfeld, of the Emergency Price Control Act of 1942, as amended,
It does not clearly appear from that which is now before the Court that the documents and things requested are material or relevant to the issues in the action. The relevancy should appear before such a motion is granted.
This case will be tried by the Court without a jury. The burden of proving the material allegations in the plaintiff’s Complaint will be upon the plaintiff. If, during the trial, it develops that the documents and things referred to in defendant’s motion for production are relevant to the subject matter involved in the action, the Court may then, if requested, properly consider the defendant’s motion as justice requires.
The action should be disposed of without further continuances or delays.
Now, the defendant’s motion for discovery and production of documents and things for inspection, copying or photographing is denied without prejudice.
. 56 U.S.C.A. Appendix, § 901 et seq.
. 50 U.S.C.A. Appendix, § 1881 et seq.
. Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A.; Piorkowski v. Socony Vacuum Oil Co., D.C.M.D.Pa. 1940, 1 F.R.D. 407; Gill v. Col-Tex Refining Co., D.C.S.D.Tex.1940, 1 F.R.D. 255.