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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 14
by United States. Court of Claims, Audrey Bernhardt - 1951
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940 - 894 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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Official Gazette, Volume 95, Issues 44-48

Philippines - 1999 - 836 pages
...connected with the transaction or occurrence that is the subject matter of the opposing party's claim. It does not require for its adjudication the presence...parties of whom the court cannot acquire jurisdiction (Co vs. Court of Appeals, 196 SCRA 705; Metals Engineering Resources vs. Court of Appeals, 203 SCRA...
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Federal Rules of Civil Procedure, Volume 1

United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 782 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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Congressional Serial Set, Issue 10250

1938 - 152 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 - 686 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." Defendant contends that if it did not plead this counterclaim for a declaratory judgment it might at...
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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
...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 Code, Volumes 6-7

United States - 1965 - 860 pages
...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, Volumes 6-7

United States - 1971 - 1384 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. 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, Volume 5

United States - 1988 - 1120 pages
...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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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 48

United States. Department of Agriculture - 1989 - 826 pages
...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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