Opinion
April 3, 1950.
Appeal by defendant from an order granting an examination before trial, and directing the production of books, etc., for use in accordance with section 296 of the Civil Practice Act. Order modified on the law by striking therefrom items 11 and 12 in the second ordering paragraph, and as so modified, affirmed, without costs, the examination to proceed on five days' notice. The items allowed permit an inquiry by plaintiff as to the facts which may establish its ownership of the invention and the misappropriation thereof. It is not yet entitled to inquire as to damages sustained by it. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.