John M. Palmer v. Alice Bradley Fisher, as of the Estate of Frederick T. Fisher, Deceased, Petition of Thomas F. Pierce · 228 F.2d 603

Later courts went against this

Abrogated by Carter Products, Inc. v. Eversharp, Inc., and Thrifty Drug Stores Co., Inc., 360 F.2d 868 (1966)
] However, Plaintiffs argue that Indiana state privilege law applies, relying primarily on Seventh Circuit law that states that “questions of evidence, including privilege, are generally decided by the law of the forum.” [Dkt. 198 at 3 (quoting Palmer v. Fisher, 228 F.2d 603, 608 (7th Cir.1955) abrogated by Carter Products, Inc. v. Eversharp, Inc., 360 F.2d 868 (7th Cir.1966)).
Court of Appeals for the Seventh CircuitApr 28, 1966medium confidenceRead it

The opinion

FINNEGAN, Circuit Judge.

My grave doubts concerning the appealability of the district court’s order, brought here for review, impel me to disagree with the majority. 28 U.S.C. § 1291 . I would accordingly sustain Pierce’s motion to dismiss this appeal, pointing out that this deponent’s problem arose in an ancillary proceeding encompassed by Rule 30(d), Fed.Rules Civ.Proc., 28 U.S.C.A. See also Fed.Rules Civ.Proc., Rule 32(d), 28 U.S.C.A.