United States v. Summ

OPINION

COOLAHAN, District Judge:

The present action raises the difficult question of whether the Tucker Act, 28 U.S.C. § 1346, which permits contract-based suits against the federal government for less than $10,000, 1 also permits counterclaims against the Government which seek recovery of not more than $10,000 in excess of the judgment sought by the Government, in contravention of the common law rule — based on the doctrine of sovereign immunity — that counterclaims against the Government may only be asserted for the limited purposes of defeating or diminishing the recovery sought by the…