SOUTHERN CONSTRUCTION CO. V. PICKARD, 371 U. S. 57 (1962)
Subscribe to Cases that cite 371 U. S. 57
Case Resources
Search this Case
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Online Research Resources
Cornell LII
Cornell Wex Dictionary & Encyclopedia
LLRX.com - Legal Research
Expert Witness Directory
Nolo Consumer & Business
US Court Forms
USA Constitution Annotated
WashLaw Directory
World LII
Online Case Law
Cornell LII
FastCase $
Lexis $
LexisOne
Loislaw $
USSCPlus.com $
VersusLaw $
Link to the Case Preview: http://supreme.justia.com/us/371/57/
Link to the Full Text of Case: http://supreme.justia.com/us/371/57/case.html
U.S. Supreme Court
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
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. 371 U. S. 57-61.
93 F.2d 493, reversed in part and case remanded.