District Court, E.D. Pennsylvania December 30, 1959, No. 13 of 1959 (Pennsylvania Railroad v. The Marie Leonhardt)

VAN DUSEN, District Judge.

The position taken by libellant and cross-respondent in the above-mentioned motion that there is no authority to take the depositions of the above-named witnesses (as opposed to parties 1) for discovery on notice is correct. See Dowling v. Isthmian S. S. Corp., 3 Cir., 1950, 184 F.2d 758; cf. Brown v. Isthmian Steamship Corp., D.C.E.D.Pa.1948, 79 F.Supp. 701; Atlass v.