Southern Construction Co. v. Pickard, 371 U.S. 57 (1962)

Southern Construction Co. v. Pickard

No. 46

Argued October 16, 1962
Decided November 5, 1962
371 U.S. 57

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

In the circumstances of this case, in which two different suits under the Miller Act were brought in two different District Courts by the same subcontractor against the same general contractor and its surety, based on separate projects in the two Districts, Federal Rule of Civil Procedure 13(a) did not compel a counterclaim, which involved a payment that had not been allocated as between the projects, to be made in whichever of the two suits the first responsive pleading was filed. Its assertion in the later of the two suits, to which the general contractor, not without reason, considered it more appurtenant, did not violate Rule 13(a). Pp. 57-61.

93 F.2d 493, reversed in part and case remanded.