Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 92

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            limiting the recoupment.  However, it is not Greenstreet's                                 
            treatment of the single-transaction issue that makes it                                    
            significant for the case at hand.  Rather, In re Greenstreet,                              
            Inc. is a striking example of a refusal by a court to look beyond                          
            the single transaction in deciding what effect to give to                                  
            recoupment as a defense.  It is with this in mind that we should                           
            look at the language in In re Greenstreet, Inc. quoted by the                              
            majority (majority op. p. 6 n.8) against my view of the                                    
            overpayment issue.  There would have been no affirmative recovery                          
            by the debtor if all its counterclaims had been allowed, provided                          
            that one looks beyond the single transaction.  After all, the                              
            Government's claims in total substantially outweighed the                                  
            counterclaims.  In saying that there could be no affirmative                               
            recovery through recoupment, the Court of Appeals for the Seventh                          
            Circuit was clearly thinking of affirmative recovery with respect                          
            to the single transaction.                                                                 
                  It should further be noted that the Supreme Court in Reiter                          
            v. Cooper, supra, said that it basically made no difference                                
            whether recoupment was a defense or a counterclaim (according to                           
            the Supreme Court, it was in fact a counterclaim in the context                            
            of that case, but the defendants' characterization of it as a                              
            defense was inconsequential, and the plaintiff's argument that,                            

                  38(...continued)                                                                     
            such a development.                                                                        





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