Umphres v. Shell Oil Co

15 Fed.R.Serv.2d (Callaghan) 1116 (1971)

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Nature of the Case

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Facts

Umphres (P) was formerly a Shell (D) retailer. P filed suit against D for an alleged conspiracy to fix prices in violation of antitrust laws. D commenced P's deposition and began interrogating P with regard to the alleged conspiracy. P's counsel advised him not to answer any questions about conspiracy. D claims that he is entitled to get to the facts alleged and D wants to shield his client from making conclusions about the law involved. D asked his question, and P's attorney instructed him not to answer. The question seemed to call for P to make a conclusion as to the legal meaning of conspiracy. D filed a motion to compel an answer.