Admiralty Jurisdiction United States As a Party General Federal Question Juris
Admiralty Jurisdiction United States As a Party General Federal Question Juris
United States Congress Senate Committee On the
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Mr. MuLLEx. Would vou oppose it if it were stated another way then? Mr. Jaffe. You would have to state it in terms of what kind of ac- tion may be brought against the United States. You see, we don't know what that might be. It is proposed that the mere fact that the United States goes into court will permit assertion against it of any claim aris- ing out of that transaction whether or not Congress ever agreed that the United States could be sued on that kind of claim. 722 Mr. MuLLEx. But it on...ly would allow a setoff up to the amount of the Government's claim so that the Government would not have to pay out any extra funds. Mr. Jaffe. But you are still allowing a setoff up to the amount of the Government's claim for a claim which the Government has never said was a claim against the United States. You are creating a claim. Mr. Mullen. But what are the equitable reasons for not allowmg a citizen to assert this setoff ? Mr. Jaffe. Well let me give you one illustration that I can think of — and it may not even be a good one.
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