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MATTER OF U.S. ABATEMENT CORP.

No. 95-30255.

79 F.3d 393 (1996)

In the Matter of UNITED STATES ABATEMENT CORPORATION, a/k/a USA Corporation, Debtor. UNITED STATES ABATEMENT CORPORATION, a/k/a USA Corporation, Appellee Cross-Appellant, Charles L. McCarty, Appellee, v. MOBIL EXPLORATION AND PRODUCING U.S., INC., as agent for Mobil Oil Exploration & Producing Southeast, Co., and Mobil Oil Exploration and Producing North America, Inc., Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

February 12, 1996.

Attorney(s) appearing for the Case

Richard William Martinez, Tranchina & Martinez, New Orleans, LA, for appellee cross-appellant.

Michael Maurice Meunier, Sullivan, Stolier and Daigle, New Orleans, LA, for appellee.

S. Gene Fendler, Philip K. Jones, Jr., Cheryl M. Kornick, New Orleans, LA, James D. McMichael, Shapiro, Lifschitz & Schram, Washington, DC, for Mobil Exploration & Producing U.S., Inc.

Mary Elizabeth Arceneaux, Louisiana Bankers Association, Baton Rouge, LA, for amicus curiae.

Before REYNALDO G. GARZA, WIENER and STEWART, Circuit Judges.

PER CURIAM:

The principal issue presented by this bankruptcy appeal implicates the concept of recoupment. The specific question we must answer today is whether Appellants/Cross-Appellees Mobil Exploration and Producing, U.S., Inc. and Mobil Exploration and Producing North America, Inc. (collectively, Mobil) may recoup from a debt to Appellee/Cross-Appellant USA Abatement Corporation (USA) the dollar amount of all liens asserted against Mobil's property by USA's subcontractors...

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