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Federal Life Ins. Co. v. Holod

United States District Court, M.D. Pennsylvania
Oct 31, 1939
29 F. Supp. 852 (M.D. Pa. 1939)

Summary

In Federal Life Ins. Co. v. Holod (D.C.Pa. 1939), 29 F. Supp. 852, the Secretary of War was protected from disclosing the defendant's draft records.

Summary of this case from City County of S.F. v. Superior Court

Opinion

No. 183.

October 31, 1939.

O'Malley, Hill, Harris Harris, of Scranton, Pa., for plaintiff.

Needle, Needle Needle, of Scranton, Pa., for defendant.


This case is before the Court on Plaintiff's motion for the production of certain records of the War Department of the United States.

The Plaintiff's motion requests an order of this Court directing the Secretary of War and/or the War Department of the United States to furnish certified copies of the World War Draft records relating to the Defendant. The motion was served upon the Defendant who filed an answer alleging that the evidence sought is privileged and that the Court is without power to make the order sought.

The Plaintiff relies upon Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, as authority for the making of the order desired. This rule provides that the Court may "(1) order any party to produce. * *" It is clear that the order requested is not within the provisions of the rule relied upon, inasmuch as neither the United States nor its departments are parties to this action. Furthermore, the Selective Service Regulations, in section 11, place the portions of the records in which the Plaintiff is interested beyond the process of the Courts. Stein v. Stein, 132 Misc. 886, 230 N.Y.S. 757; Harris v. Walsh, 51 App.D.C. 167, 277 F. 569. For the reasons indicated, the Plaintiff's motion must be refused.

Now, October 31, 1939, Plaintiff's motion for the production of certain records of the War Department is denied.


Summaries of

Federal Life Ins. Co. v. Holod

United States District Court, M.D. Pennsylvania
Oct 31, 1939
29 F. Supp. 852 (M.D. Pa. 1939)

In Federal Life Ins. Co. v. Holod (D.C.Pa. 1939), 29 F. Supp. 852, the Secretary of War was protected from disclosing the defendant's draft records.

Summary of this case from City County of S.F. v. Superior Court
Case details for

Federal Life Ins. Co. v. Holod

Case Details

Full title:FEDERAL LIFE INS. CO. v. HOLOD

Court:United States District Court, M.D. Pennsylvania

Date published: Oct 31, 1939

Citations

29 F. Supp. 852 (M.D. Pa. 1939)

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