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" 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 party's claim and does... "
Cases Decided in the United States Court of Claims ... with Report of ... - Page 15
by United States. Court of Claims, Audrey Bernhardt - 1954
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940
...arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence...parties of whom the court cannot acquire jurisdiction. (b) PERMISSIVE COUNTERCLAIMS. A pleading may state as a counterclaim any claim against an opposing...
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United States Congressional Serial Set

United States. Supreme Court - 1938 - 126 pages
...arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence...parties of whom the court cannot acquire jurisdiction. (b) PERMISSIVE COUNTERCLAIMS. A pleading may state as a counterclaim any claim against an opposing...
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Federal Rules of Civil Procedure, Volume 1

United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 1745 pages
...arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence...parties of whom the court cannot acquire jurisdiction. (b) PERMISSIVE COUNTERCLAIMS. A pleading may state as a counterclaim any claim against an opposing...
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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 - 1939 - 313 pages
...arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence...parties of whom the court cannot acquire jurisdiction. (b) PERMISSIVE COUNTERCLAIMS. A pleading may state as a counterclaim any claim against an opposing...
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Decisions on Federal Rules of Civil Procedure: bulletin, Issues 40-49

1939
...arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence...parties of whom the court cannot acquire jurisdiction." Defendant contends that if it did not plead this counterclaim for a declaratory judgment it might at...
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United States Code: Containing the General and Permanent Laws of the United ...

United States - 1965
...matter, the court shall dismiss the action. Rule 21. Counterclaims. (a) Compulsory counterclaim. The answer shall state as a counterclaim any claim...parties of whom the court cannot acquire jurisdiction: Provided, That such a claim need not be so stated If at the time the action was commenced the claim...
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United States Code: Supplement

United States - 1988
...arises out of the transaction or occurrence that is the subject matter of the opposing party's claim or consular official of the foreign country assigned...to the United States. If reasonable opportunity ha But the pleader need not state the claim if ( 1 ) at the time the action was commenced the claim was...
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United States Code, Volumes 6-7

United States - 1971
...arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence...parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if ( 1 ) at the time the action was commenced the claim was...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 48

United States. Department of Agriculture - 1989
...provides as an exception to the requirement for the statement of a counterclaim that "such a claim not be stated if at the time the action was commenced the claim was the KURT VAN ENGEL COMMISSION CO., v. SCHULTZ SAV-O STORES 733 48 Agric. Dec. 731 subject of another pending...
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Preliminary Draft of Proposed Amendments to Rules of Civil Procedure for the ...

United States. Supreme Court. Advisory Committee on Rules for Civil Procedure - 1944 - 126 pages
...its adjudication the presence of third parties 9 of whom the court cannot acquire jurisdiction, 10 except that such a claim need not be so stated if at 1 1 the time the action was commenced the claim was the 12 subject of another action pending in another...
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