Felder v. Skibs A/S Idaho

THOMSEN, Chief Judge.

Respondent impleaded, a stevedoring company which employed libelant, has objected to the interrogatories served on it by libelant, on the ground that it is not an adverse party within the meaning of the 31st Admiralty Rule, which is like Civil Rule 33.

In civil cases it is generally held that if a third-party defendant answers plaintiff’s complaint, as permitted but not required by Civil Rule 14, and asserts a defense which would bar plaintiff’s recovery from defendant, it may serve interrogatories on plaintiff and plaintiff may serve interrogatories on it;1 but if a…