Smigiel v. Compagnie De Transports Oceaniques

WOOD, District Judge.

The impleaded respondent has served libellant with interrogatories. Libellant has excepted thereto on the ground that impleaded respondent is not an “adverse party” with respect to libellant, and that therefore, impleaded respondent may not serve the interrogatories under Admiralty Rule 31, 28 U.S.C.A. This question has recently been *519argued in this Court,1 and it has been held that unless a third-party defendant clearly challenges plaintiff’s position, either by pleadings or other evidence in the record, the third-party defendant will not be considered “adverse” to the…