Opinion
Proceedings on a petition to authorize taking of depositions. The District Court, Ford, J., held that there was no substantial degree of certainty that party sought to be examined would ever be an adverse party as required by the applicable Rule, and that the real adverse party was the Commissioner of Patents, an official over whom the court had no jurisdiction.
Petition denied and dismissed.
I. U. Townsend, Jr. (Emery Booth Townsend Miller & Weidner), Boston, Mass., for petitioner.
George Crompton, Jr., Worcester, Mass., for Wm. L. Drown.
FORD, District Judge.
This petition is plainly brought for purposes of discovery; see Barron and Holtzoff, Vol. 2, § 671; Moore's Federal Practice, 2d Ed., Vol. 4, pp. 1824, 1825; there will be ample time for this; furthermore, there is not any substantial degree of certainty that Drown, a Massachusetts resident, will ever be an adverse party as required by Rule 27(a)(1), Fed.Rules Civ.Proc. 28 U.S.C.A., and establish the proper venue. The real adverse party in these proceedings is the Commissioner of Patents, and patently this court has no jurisdiction of that official.
Petition denied and dismissed.