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IN RE SUPREME BEEF PROCESSORS, INC.

No. 03-41345.

391 F.3d 629 (2004)

In the Matter of: SUPREME BEEF PROCESSORS, INC., Debtor. Stephen Zayler, Trustee of the Estate of Supreme Beef Processors, Inc., Appellant, v. Department of Agriculture; United States of America, Appellees.

United States Court of Appeals, Fifth Circuit.

November 16, 2004.

Attorney(s) appearing for the Case

Deborah Johnson Race (argued), Ireland, Carroll & Kelley, Tyler, TX, for Appellant.

Mark Bernard Stern, Dana Joan Martin (argued), U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for Appellees.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Debtor meat processor brings counterclaim against the Department of Agriculture for a number of alleged torts stemming from that agency's inspection regime at the debtor's plant. The agency argues that its sovereign immunity bars those counterclaims; the debtor contends that the agency waived that right by filing a claim against the debtor's estate for unpaid overtime services. We hold that the debtor does not meet the statutory...

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