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United States v. Mt. Vernon Memorial Estates, Inc.

Citation: 12 ELR 20950
No. No. 76 C 3585, 17 ERC 2212/(N.D. Ill., 11/13/1981)

In a suit by the United States to enjoin unauthorized filling of a wetland, the court dismisses defendants' counterclaim on grounds that it is within the exclusive jurisdiction of the Court of Claims. The Tucker Act provides that claims against the United States for more than $10,000 are to be decided by the Court of Claims. Rule 13(a) of the Federal Rules of Civil Procedure, though it provides for ancillary district court jurisdiction over compulsory counterclaims, does not enlarge the court's jurisdiction over counterclaims against the United States, and cannot expand the scope of suit against the United States beyond that to which it has otherwise consented.

Counsel for Plaintiff
Gail C. Ginsberg, Ass't Attorney General
1500 S. Everett McKinley Dirksen Bldg., 219 S. Dearborn St., Chicago IL 60604
(312) 353-6400

Counsel for Defendants
Russell J. Topper
111 W. Washington St., Chicago IL 61820
(312) 726-3001