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Salter v. Upjohn Co.

5th Circuit

593 F.2d 649 (1979)

Relevant factsFree

Susie Salter (plaintiff), as executrix of her husband's estate, sued Upjohn Co. (defendant) and sought to depose Upjohn's president, Hubbard, in Kalamazoo, Michigan, where both were located; after the court vacated her initial deposition notice because other Upjohn depositions might make Hubbard's unnecessary, Salter later moved -- without explaining why Hubbard's testimony was newly needed or why it should occur in Montgomery, Alabama instead of Kalamazoo -- to compel his deposition there. The court denied that motion and a subsequent similar motion asking that Upjohn pay her expenses to depose Hubbard in Kalamazoo instead, and Salter appealed.

IssueFree

Whether a court may deny a party's motion to compel a deposition that would be burdensome to the deponent when the deposing party shows no evidence of compelling circumstances.

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