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LASA PER L'INDUSTRIA DEL MARMO SOC. PER AZIONI v. ALEXANDER

Nos. 18454, 18455.

414 F.2d 143 (1969)

LASA PER L'INDUSTRIA DEL MARMO SOCIETA PER AZIONI OF LASA, ITALY, Plaintiff-Appellee, v. Anthony L. ALEXANDER, Sr., Nick Quarin and A. Larry Alexander, Jr., individually and d/b/a Alexander Marble and Tile Company, a partnership, Alexander Marble and Tile Company, Inc., and Alexander Marble and Tile Company, a joint venturer, Defendants-Appellants, v. SOUTHERN BUILDERS, INC. OF TENNESSEE, the City of Memphis, Continental Casualty Company, A. L. Aydelott, individually and A. L. Aydelott and Associates, Inc., Defendants-Appellees. LASA PER L'INDUSTRIA DEL MARMO SOCIETA PER AZIONI OF LASA, ITALY, Plaintiff-Appellee, v. SOUTHERN BUILDERS, INC. OF TENNESSEE, Defendant-Appellant, v. Anthony L. ALEXANDER, Sr., Nick Quarin and A. Larry Alexander, Jr., individually and d/b/a Alexander Marble and Tile Company, a partnership, Alexander Marble and Tile Company, Inc., and Alexander Marble and Tile Company, a joint venturer, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

June 30, 1969.

Attorney(s) appearing for the Case

Attys. for plaintiff-appellee.

Eugene Greener, Jr., Memphis, Tenn., Buchignani & Greener, Milton C. Picard, Memphis, Tenn., on brief, for Alexander et al.

D. Jack Smith, Jr., Memphis, Tenn., Rickey, Shankman, Agee, Harpster & Smith, Memphis, Tenn., on brief, for Southern Builders, Inc., et al.

Leo Bearman, Sr., and Leo Bearman, Jr., Memphis, Tenn., for A. L. Aydelott and A. L. Aydelott & Associates, Inc.

Before PHILLIPS and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PHILLIPS, Circuit Judge.

It has been said that the doctrine of ancillary jurisdiction providing for joinder of claims in the federal courts is "the child of necessity and the sire of confusion."1 The confusion in pleadings that can arise out of cross-claims, counterclaims and a third-party complaint, all involving the same construction project, is demonstrated by the present appeal.

The...

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