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Southern Construction Co. v. Pickard, 371 U.S. 57 (1962)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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.
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Chicago:
U.S. Supreme Court, "Syllabus," Southern Construction Co. v. Pickard, 371 U.S. 57 (1962) in 371 U.S. 57 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=K6HHTJ275AWYNKB.
MLA:
U.S. Supreme Court. "Syllabus." Southern Construction Co. v. Pickard, 371 U.S. 57 (1962), in 371 U.S. 57, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=K6HHTJ275AWYNKB.
Harvard:
U.S. Supreme Court, 'Syllabus' in Southern Construction Co. v. Pickard, 371 U.S. 57 (1962). cited in 1962, 371 U.S. 57. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=K6HHTJ275AWYNKB.
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