United States v. Joe Grasso & Son, Inc.
United States Court of Appeals for the Fifth Circuit
380 F.2d 749 (5th Cir. 1967)
Joe Grasso & Son, Inc. (Grasso) (defendant) brought suit against the government (plaintiff) for the return of federal employment taxes it paid on behalf of fishermen that worked on seven of its shrimp boats. In its answer to Grasso’s complaint, the government brought a third-party complaint against the captains of each of the boats, arguing that if Grasso could successfully disprove the government’s allegation that Grasso employed the fishermen, then that fact would prove that the captains of the boats were the true employers. The district court dismissed the third-party claim, noting that the government ignored a third option, that is, that the fishermen were employees of no one. It found that the third-party claim did not arise out of the main claim, and the government filed an interlocutory appeal.
Rule of Law
Holding and Reasoning (Hutcheson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.