Department of Highways v. Jahncke Service, Inc.

HUTCHESON, Circuit Judge.

Appellant, a respondent in a limitation of liability proceeding, sought under Admiralty Rule 56, 28 U.S.C.A., to implead a third person alleged to be jointly liable with petitioner.

Appellee’s exception and motion to strike the third party petition, on the ground that “a third party may not be impleaded by a claimant in a proceeding in admiralty for exoneration from, or limitation of, liability”, was sustained, and respondent has appealed.

Urging that the language of Rule 56 “in any suit whether in rem or in personam” embraces every kind of suit or proceeding known to…