Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 88

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                  Nothing in Bull v. United States, supra, indicates that we                           
            need consider anything other than the single transaction at issue                          
            when we set out to determine whether recoupment is being used                              
            defensively, and there is plenty of other authority to the effect                          
            that we should only consider that single transaction.  As the                              
            Supreme Court said in Rothensies v. Electric Storage Battery Co.,                          
            329 U.S. 296, 299 (1946):                                                                  
                  Equitable recoupment has never been thought to allow                                 
                  one transaction to be offset against another, but only                               
                  to permit a transaction which is made the subject of                                 
                  suit by a plaintiff to be examined in all its aspects,                               
                  and judgment to be rendered that does justice in view                                
                  of the one transaction as a whole.                                                   
            That sentence was cited at a critical point in United States v.                            
            Dalm, 494 U.S. at 611, to support the Supreme Court's central                              
            holding that equitable recoupment requires an independent basis                            
            for jurisdiction.  By limiting recoupment as respondent wants,                             
            the majority, to that extent, are failing to do justice in view                            
            of the one transaction as a whole.                                                         
                  iv.  Barring recoupment would be inconsistent with other                             
            precedent                                                                                  
                  In Reiter v. Cooper, 507 U.S. 258, 265 (1993), a bankruptcy                          
            case and the Supreme Court's latest pronouncement on recoupment,                           
            the Supreme Court reaffirmed Bull v. United States, 295 U.S. 247                           
            (1935),36 and cited it for the proposition that recoupment claims                          

                  36Equitable recoupment entered bankruptcy law under the                              
                                                                         (continued...)                





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