Podhorn v. Pargon Group, Inc.

606 F.Supp. 185 (D.Mo. 1985)

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Nature of the Case

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Facts

D filed a petition against Ps for rent due. A judgment in default was entered against P in the sum of $1,113.33, plus costs. P did not file a counterclaim, and a default judgment was entered. P then filed an action in federal court alleging various tort violations related to the same period of tenancy covered in the state court action. Ds move to dismiss Ps' claim in the federal case asserting that it should have been filed as a compulsory counterclaim in the state court action.