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" COUNTERCLAIM EXCEEDING OPPOSING CLAIM. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. "
Interstate Commerce Commission Reports: Reports and Decisions of the ... - Page 808
by United States. Interstate Commerce Commission - 1993
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940 - 894 pages
...that is the subject matter of the opposing party's claim. (c) COUNTERCLAIM EXCEEDING OPPOSING CLAIM. A counterclaim may or may not diminish or defeat the...that sought in the pleading of the opposing party. (d) COUNTERCLAIM AGAINST THE UNITED STATES. These rules shall not be construed to enlarge beyond the...
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Cases Decided in the United States Court of Claims ... with ..., Volume 126

United States. Court of Claims, Audrey Bernhardt - 1954 - 1160 pages
...Counterclaim: A counterclaim may or may not diminish or defeat the recovery sought by a plaintiff. It may claim relief exceeding in amount or different in kind from that sought in the petition. (d) Counterclaim Maturing or Acquired After Pleading: A claim which either matured or was...
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Cases Decided in the United States Court of Claims ... with ..., Volume 118

United States. Court of Claims, Audrey Bernhardt - 1951 - 840 pages
...the transaction or occurrence that is the subject matter of the petition. (c) Extent of Counterclaim: A counterclaim may or may not diminish or defeat the recovery sought by a plaintiff. It may claim relief exceeding in amount or different in kind from that sought in the petition....
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Congressional Serial Set, Issue 10250

1938 - 152 pages
...that is the subject matter of the opposing party's claim. (c) COUNTERCLAIM EXCEEDING OPPOSING CLAIM. A counterclaim may or may not diminish or defeat the...that sought in the pleading of the opposing party. (d) COUNTERCLAIM AGAINST THE UNITED STATES. These rules shall not be construed to enlarge beyond the...
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Federal Rules of Civil Procedure, Volume 1

United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 782 pages
...Steel Co., 87 NJL 567, 94 Atl. 802. SUBDIVISION (C) COMMENT 68. Scope of subdivision. In providing that a counterclaim may or may not diminish or defeat the recovery sought by the opposing party, but may claim relief exceeding in amount or different in kind from that sought in the opponent's pleading,...
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Rules of Civil Procedure for the District Courts of the United States with ...

United States. Supreme Court, United States. District Courts, United States. Supreme Court. Advisory Committee on Rules for Civil Procedure - 1939 - 364 pages
...that is the subject matter of the opposing party's claim. (c) COUNTERCLAIM EXCEEDING OPPOSING CLAIM. A counterclaim may or may not diminish or defeat the...that sought in the pleading of the opposing party. (d) COUNTERCLAIM AGAINST THE UNITED STATES. These rules shall not be construed to enlarge beyond the...
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United States Code, Volume 5

United States - 1988 - 1120 pages
...transaction or occurrence that is the subject matter of the opposing party's claim. Page 185 Page 186 or different In kind from that sought in the pleading of the opposing party. (d) Counterclaim Againgt the United States. [Not used.] (e) Counterclaim Maturing or Acquired After...
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United States Code, Volumes 6-7

United States - 1965 - 860 pages
...transaction or occurrence that Is the subject matter of the petition. (c) Extent of counterclaim. — A counterclaim may or may not diminish or defeat the recovery sought by a plaintiff. It may claim relief exceeding In amount or different In kind from that sought in the petition....
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Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 pages
...that is the subject matter of the opposing party's claim.3 (c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the...kind from that sought in the pleading of the opposing party.4 . . . (e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or...
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Rules of Civil Procedure for the United States District Courts: As Amended ...

United States. Supreme Court, United States. Congress. House. Committee on the Judiciary - 1956 - 96 pages
...that is the subject matter of the opposing party's claim. (c) COUNTERCLAIM EXCEEDING OPPOSING CLAIM. A counterclaim may or may not diminish or defeat the...that sought in the pleading of the opposing party. (d) COUNTERCLAIM AGAINST THE UNITED STATES. These rules shall not be construed to enlarge beyond the...
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