United States v. Rudis

SULLIVAN, District Judge.

This is an action by the United States to recover damages for alleged defects in goods sold to it by the defendants. Defendants have filed a counterclaim asking recovery of the purchase price of an entirely separate sale of goods by them to the plaintiff.

The United States has filed a motion to dismiss the counterclaim. It argues in support of the motion that it has not waived its sovereign immunity to suit, and the court has accordingly no authority to entertain the counterclaim.

This argument would necessarily prevail were it not for the existence of the Tucker Act…