United States Fifth Circuit

Plaintiff-meat processor's counterclaim to defendant-USDA's claim for unpaid overtime services is permissible where plaintiff is entitled to bring a permissive counterclaim as an offset to defendant's claim under Section 106(c) of the Bankruptcy Code.

Appellate Information

• Decided 11/16/2004
• Published 11/17/2004

Judges

• EDITH H. JONES, Chief Judge:**, Before JONES, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Deborah Johnson Race, (argued), Ireland, Carroll & Kelley, Tyler, TX, for Appellant.


• For Appellees:
  
• Mark Bernard Stern, (argued), Dana Joan Martin, U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for Appellees.