Nolen v. Hammet Co.

ORDER

SIMONS, District Judge.

This matter is before the court upon plaintiff’s Motion to require the defendant, O. L. Thompson, Jr., d/b/a O. L. Thompson Construction Company, to assert his counterclaim for property damage and loss of use, and to enjoin that defendant from proceeding with his suit presently pending in the County Court of Charleston County, on the grounds that the property claim of this defendant is a compulsory counterclaim within the meaning of Rule 13(a), Federal Rules of Civil Procedure.

On February 24, 1972, an automobile owned and being operated by Joseph F. Nolen, in which…