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UNITED STATES v. SUMM

Civ. A. No. 918-67.

282 F.Supp. 628 (1968)

UNITED STATES of America, Plaintiff, v. Sherwood M. SUMM, Jeanne F. Summ, Sumco Engineering, Inc., Paul J. Christner, Jr., and Ellis Leonidas Merritt, Defendants.

United States District Court D. New Jersey.

April 3, 1968.

Attorney(s) appearing for the Case

David M. Satz, Jr., U. S. Atty., by Thomas J. Alworth, Asst. U. S. Atty., for United States.

Milton, Keane & DeBona, by Prospero DeBona, Jersey City, N. J., for defendant, Sumco Engineering, Inc., Henry Byrne, Jersey City, N. J., Shea, Gallop, Climenko & Gould, New York City, by Ralph Ellis, New York City, of counsel.

OPINION

COOLAHAN, District Judge:

The present action raises the difficult question of whether the Tucker Act, 28 U.S.C. § 1346, which permits contract-based suits against the federal government for less than $10,000,1 also permits counterclaims against the Government which seek recovery of not more than $10,000 in excess of the judgment sought by the Government, in contravention of the common law rule — based on the...

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