Invest-Import v. Seaboard Surety Co.

SUGARMAN, District Judge.

Frazier-Simplex, Inc., has been brought into this action by an ex parte order of the court pursuant to Fed. Rules Civ.Proc. rule 13(h), 28 U.S.C.A., as an additional party to answer “Plaintiff’s Reply and Counterclaims to Third Party Defendant’s Answers and Counterclaims”.

It now moves to dismiss the counterclaims asserted against it on the ground *500that it was not properly brought in under Rule 13(h).1

F.R.Civ.P. 13(a), (b) and (g) authorize the assertion of counterclaims or cross-claims against opposing parties or co-parties, but not against strangers to the litigation.2