 Compulsory Counterclaims. A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing...  Reports of the Tax Court of the United States - Page 202by United States. Tax Court - 1978Full view - About this book
 | United States. Supreme Court - Courts - 1940 - 894 pages
...state as a counterclaim any claim, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing...the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire... | |
 | United States. Interstate Commerce Commission - Interstate commerce - 1993 - 1380 pages
...shipper's counterclaim is compulsory under the FRCP and must be raised in the main action because "* * * it arises out of the transaction or occurrence that...is the subject matter of the opposing party's claim * * * "S7 And it makes no difference that petitioners may have mistakenly designated their counterclaims... | |
 | United States. Supreme Court, Palmer Daniel Edmunds - Civil procedure - 1938 - 782 pages
...state as a counterclaim any claim, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing...the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire... | |
 | Civil procedure - 1938 - 152 pages
...state as a counterclaim any claim, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing...the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire... | |
 | Civil procedure - 1939 - 686 pages
...subdivision (a) of the said rule a defendant is obliged to plead any counterclaim that it may have against any opposing party "if it arises out of the...the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire... | |
 | Civil procedure - 1940 - 812 pages
...26O US 36O. Rule 13 (a.Tnow makes it compulsory to plead a legal as well as an equitable counterclaim "if it arises out of the transaction or occurrence...the subject matter of the opposing party's claim" (See Notes of Advisory Committee on Rules) The defendants were, therefore, required to set up their... | |
 | United States - Law - 1982 - 1226 pages
...18, Customs Duties. Rule 13. Counterclaim and Cross-Claim (a) Counterclaims. A pleading shall state as a counterclaim any claim which at the time of serving...pleading the pleader has against any opposing party, if (1) the claim involves the imported merchandise that is the subject matter of the civil action, or... | |
 | United States - Law - 1971 - 1104 pages
...form 19. RULE 13. — COUNTERCLAIM AND CROSS-CLAIM (a) Compulsory counterclaims. A pleading shall take as a counterclaim any claim which at the time of serving...pleading the pleader has against any opposing party, II It arises out of the transaction or occurrence that Is the subject matter of the opposing party's... | |
 | United States - Law - 1971 - 1384 pages
...States or an officer or agency thereof against an opposing party, a co-party, or a third party that arises out of the transaction or occurrence that is...the subject matter of the opposing party's claim. A claim of the United States or an officer or agency thereof that does not arise out of the transaction... | |
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