United States v. Robert W. Agnew

Defendant appeals from a judgment entered by the United States District Court for the Central District of California. The questions presented are whether the District Court erred in (1) dismissing defendant’s counterclaim (incorrectly designated as a cross-complaint) ; (2) granting plaintiff’s motion for summary judgment; and (3) entering judgment in favor of plaintiff.

The United States cannot be sued without its consent. The filing of a suit in the name of the United States does not amount to a waiver of sovereign immunity subjecting the United States to an affirmative adverse judgment on a…