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Civil Procedure Keyed to Babcock
United States v. Joe Grasso & Son, Inc.
Citation:
380 F.2d 749 (5th Cir. 1967)Facts
Grasso brought suit against the government for the return of federal employment taxes Grasso paid for fishermen that worked on Grasso’s shrimp boats. In its answer the U.S. filed a third-party complaint against the captains of the boats where the fishermen worked, claiming that if Grasso was not their employer that the boat captains were. The district court dismissed the third-party complaint pointing to the fact that the government did not consider the possibility that the fishermen were employees of no one. The district court found that the third-party claim did not arise out of the main claim, and the government filed an interlocutory appeal.
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