Sarah B. Danning, Trustee in Bankruptcy of the Estate of Samuel N. Sherman, Dba Southern California College of Business, Bankrupt v. United States

BARNES, Circuit Judge.

This is a case where appellant urges that sovereign immunity is not in the case — only a question of whether the government consented to be sued by filing a claim in bankruptcy. But this is mere semantics, for if the government by its action “consented” to be sued, it had waived its sovereign immunity, even though its sovereignty was not in-paired.

There is but one question involved in this case. Does a court of bankruptcy have jurisdiction to hear and determine a counterclaim for affirmative relief asserted by the trustee in bankruptcy against the United States arising…