LASA Per L'Industria Del Marmo Societa Per Azioni v. Alexander
United States Court of Appeals for the Sixth Circuit
414 F.2d 143 (6th Cir. 1969)
LASA (plaintiff), a marble supplier, sued Alexander (defendant), Southern Builders, and the City of Memphis in a chain of subcontracts for a City Hall project, claiming nonpayment; Alexander and Southern Builders counterclaimed against LASA over the marble's type, timing, and quantity, Alexander cross-claimed against Southern Builders and the City for money owed, Southern Builders cross-claimed against Alexander, and Alexander filed a third-party claim against the project's architect for negligent supervision. The district court dismissed all the cross- and third-party claims as arising from a different transaction or occurrence than LASA's original suit, and the parties appealed.
Whether, under Federal Rule of Civil Procedure 13(g)-(h), cross and third-party claims based on different contracts, but that each arise based on the same construction job, may be joined in the same trial.