Galanos v. United States, 4876.
| Decision Date | 24 April 1939 |
| Docket Number | No. 4876.,4876. |
| Citation | 27 F. Supp. 298 |
| Parties | GALANOS v. UNITED STATES. |
| Court | U.S. District Court — District of Massachusetts |
Norman & Campbell, of Worcester, Mass., for plaintiff.
Edmund J. Brandon, U. S. Atty., and William J. Hession, Asst. U.S. Atty., both of Boston, Mass.
The following statement may be taken, transcribed and filed with the papers in the case:
This is a war risk insurance case. The plaintiff moves under Rule 34, 28 U.S.C.A. following section 723c, for the production of and permission to copy and photograph the various papers referred to in the motion.
The plaintiff is entitled to the allowance of his motion so far as the records of the Chelsea Naval Hospital, Chelsea, Massachusetts; United States Veterans Hospital, Rutland, Massachusetts; United States Veterans Hospital, Newington, Connecticut; and the United States Veterans Hospital, Bronx, New York, are concerned. The defendant should afford the plaintiff, his agents or attorneys not exceeding two in number, an opportunity to examine and copy these records so far as they relate to the plaintiff. There is no necessity for the removal of the records from the Government's custody for the purpose of photographing them. It is sufficient that the plaintiff has a fair opportunity to copy them.
The plaintiff also asks for the work records and time sheets pertaining to the plaintiff while in the employ of Neisner Brothers, Inc., and John C. MacInnes Company, both of Worcester, Massachusetts. The defendant is no more in control of these companies than is the plaintiff. Such information as the Government has with reference to the work records and time sheets of these companies was obtained by application to them. The motion as to the records of these two corporations is denied.
The plaintiff lists six physicians whose records he would like to have produced in order that they may be copied or photographed. I am credibly informed that in the list Dr. J. F. Rooney and Dr. John W. Cahill, both of Worcester, Massachusetts, are the only doctors employed by the defendant. The defendant concedes the plaintiff's right to examine the records of these two physicians so far as they relate to the plaintiff. The defendant is directed to produce these records and give the plaintiff an opportunity to examine and copy them.
The rest of the motion is largely repetitious except that it asks for the privilege of photographing the records as opposed to copying them. There is no necessity for...
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SOCIETE INTERNATIONALE, ETC. v. McGranery
...plaintiff has brought suit. The other cases cited by plaintiff, In re Harris, D.C.N.Y.1939, 27 F.Supp. 480, and Galanos v. United States, D.C.Mass.1939, 27 F.Supp. 298, are not in point. In the Harris case, it was held that under the terms of the National Banking Act, 12 U. S.C.A. §§ 601-60......
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Pyramid Life Ins. Co. v. MASONIC HOSP. ASS'N OF PAYNE CTY.
...finds that plaintiff was denied access to the records prior to litigation. Accordingly, it was entitled to discovery. Galanos v. United States, D.C., 27 F.Supp. 298; Rosenblum v. Dingfelder, D.C., 1 F.R.D. 179. If, as a result of a discovery a plaintiff finds that it has paid claims through......
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State ex rel. Mid-America Pipeline Co. v. Rooney
...believe that the principles enunciated in the cases hereinafter discussed lead to the correct conclusion. In the case of Galanos v. United States, D.C., 27 F.Supp. 298, cited by relator, the suit was against the government on a policy of G.I. insurance. It actually involved a request for th......