Cheryl DANNER, Grace Lynn Danner, Arthur Danner III, Minors, by Their Guardian Arthur Danner, Jr., Grace Danner and Arthur Danner, Jr.; Norma Weintraub and Constance Weintraub, Minors, by Their Guardian Israel Weintraub; and Barbara Weintraub and Israel Weintraub v. William ANSKIS. Appeal of Norma WEINTRAUB and Constance Weintraub, Minors, by Their Guardian Israel Weintraub; and Barbara Weintraub and Israel Weintraub, 256 F.2d 123

Summary

Appellants and appellees were injured in an automobile accident with third party. Appellants were passengers in the automobile driven by appellees. Appellants and appellees sued third party in an underlying action, and appellants filed a cross claim against appellees for the injuries appellants sustained in the accident. The district court dismissed the cross claim. The appellate court held that the cross claim was improper under Fed. R. Civ. P. 13(g), because a cross claim was intended to allow a party to state a claim that was ancillary to a claim stated in the complaint or counterclaim, and appellants' claim was not ancillary. Rule 13(g), did not authorize a plaintiff to file a cross claim against a co-plaintiff for a claim that arose from the same transaction as the complaint against the defendant, because the two claims were wholly independent of each other.