U.S. v. OWNBEY ENTERPRISES, INC.

Civ. A. No. 4:91-cv-64-HLM.

780 F.Supp. 817 (1991)

UNITED STATES of America, Plaintiff, v. OWNBEY ENTERPRISES, INC., Defendant.

United States District Court, N.D. Georgia, Rome Division.

November 15, 1991.


Attorney(s) appearing for the Case

Kenneth J. Riemer, U.S. Dept. of Justice, Environmental Enforcement Section, Washington, D.C., for plaintiff.

F. Edwin Hallman, Jr., Decker & Hallman, Atlanta, Ga., for defendant.


ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on Plaintiff's Motion to Dismiss Defendant's Counterclaim and Plaintiff's Motion to Dismiss Defendant's Amended Counterclaim. Plaintiff claims that Defendant's counterclaim is not a proper recoupment claim and, accordingly, should be dismissed. Plaintiff also argues that even if the recoupment claim is valid, Defendant's counterclaim is barred by sovereign immunity. Defendant argues, however...

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