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IN RE MOHAWK INDUSTRIES, INC.

Bankruptcy No. 4-84-00025G, Adv. No. 86-4086.

82 B.R. 174 (1987)

In re MOHAWK INDUSTRIES, INC., Debtor. MOHAWK INDUSTRIES, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States Bankruptcy Court, D. Massachusetts.

June 5, 1987.

Attorney(s) appearing for the Case

Joseph Reinhardt, Hendel, Collins & Newton, Springfield, Mass., for plaintiff/debtor Mohawk Industries.

Joseph Ackerstein, Asst. U.S. Atty., Boston, Mass., for U.S. (Defense Logistics Agency) defendant.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This motion for summary judgment filed by the United States of America (the "government") raises what is apparently a novel question concerning interaction between the doctrines of setoff and recoupment in bankruptcy. Mohawk Industries, Inc. (the "Debtor") opposes the motion but makes no contention that there exists any genuine issue of material fact. The parties have stipulated to the facts, which may be...

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