Are the government's claims for overpayments under Rule 13(a) compulsory counterclaims?
MultiRegion, United States of America
The following excerpt is from U.S. v. Aquavella, 615 F.2d 12 (2nd Cir. 1980):
Applying this standard, we hold that the government's claims for overpayments are compulsory counterclaims within the meaning of Rule 13(a) and that they should have been adjudicated along with appellants' claims for an injunction and money damages in the original action. Aquavella v. Richardson, supra. Not only are the government's claims logically related to appellants' claims, but they are based on the identical transaction which is the subject of
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