BALBIR BRAR ASSOCIATES v. CONSOLIDATED TRADING

Record No. 960014.

477 S.E.2d 743 (1996)

252 Va. 341

BALBIR BRAR ASSOCIATES, INC. v. CONSOLIDATED TRADING AND SERVICES CORPORATION.

Supreme Court of Virginia.

November 1, 1996.


Attorney(s) appearing for the Case

Peter D. Greenspun, Fairfax (John F. Mardula; Peter D. Greenspun & Associates; Marjula & Daughtrey, on briefs), for appellant.

John J. Sabourin, Jr., Falls Church (Thomas R. Folk; Hazel & Thomas, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, HASSELL, KEENAN, and KOONTZ, JJ., and POFF, Senior Justice.


HASSELL, Justice.

In this appeal, we consider whether Fed. R.Civ.P. 13(a) bars a litigant who failed to assert a counterclaim in a federal proceeding from pursuing its claims in a state proceeding.

The following allegations of fact were considered by the trial court. In 1988, Brar Associates-McLean Limited Partnership began the development of the Mayfair of McLean project, a luxury townhouse community. During 1991 and 1992, Balbir S. Brar, president of Balbir...

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