agency head, in his official capacity, were allowed to take his oral deposition. Such procedure would be contrary to the public interest, plus the fact that ordinarily the head of an agency has little or no knowledge of the facts in the case. In the instant case, however, Plaintiffs allege actions personal to the Defendant and in violation of the United States Code.
Therefore, under the circumstances of this case, and restricted solely to the facts of this case, the Court is of the opinion that justice and reason require that Plaintiff be allowed to take the oral deposition of the Defendant, but such deposition should be limited to the procedural action taken by the Defendant as to the subject matter of this case, and not the workings of his (Saxon's) mind.
By stipulation between the parties, the place for the taking of such deposition shall be the Defendant's office in the Treasury Department.
It is therefore this 10th day of October, 1962,
ORDERED, that the Defendant's 'Motion that his Deposition not be Taken or That it be Stayed' be, and the same hereby is, denied.
AND IT IS FURTHER ORDERED, That the Defendant Saxon submit to the oral deposition requested herein by Plaintiffs, and said deposition be taken in the Office of the Defendant in the Treasury Department;
AND FURTHER, that the time for taking said deposition shall be within a reasonable time from the entry of this Order, on a date and hour agreeable to all parties.
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