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MARCELLO v. REGAN

Civ. A. No. 83-0252 S.

574 F.Supp. 586 (1983)

Kenneth MARCELLO, John Dubois, and Cathy Whittaker, Plaintiffs, v. Donald REGAN, in his official capacity as United States Secretary of the Treasury, John A. Affleck, in his official capacity as Director of the Rhode Island Department of Social & Rehabilitative Services, George A. Moriarty, Chief Supervisor, Rhode Island Bureau of Family Support and Domestic Relations, Defendants.

United States District Court, D. Rhode Island.

November 8, 1983.

Attorney(s) appearing for the Case

John H. Hines, Jr., Smithfield, R.I.; Stephen M. Miller, John Marks, Providence, R.I., for plaintiffs.

Dennis J. Roberts, III, Atty. Gen., Donald H. Elbert, Alan R. Tate, Asst. Attys. Gen., Wm. M. Walsh, Sp. Asst. Atty. Gen., Providence, R.I., for the State defendants.

Paul D. Barker, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., Lincoln C. Almond, U.S. Atty., Everett C. Sammartino, Asst. U.S. Atty., Providence, R.I., for federal defendants.

OPINION

SELYA, District Judge.

The plaintiffs, Kenneth Marcello, John Dubois, and Cathy Whittaker, are Rhode Island residents and wage-earners. Each of them overpaid his or her 1982 federal income tax. Marcello and Dubois also are allegedly delinquent in spousal or child support payments, as is Mrs. Whittaker's husband. Pursuant to the tax refund intercept mechanism authorized by 26 U.S.C. § 6402(c),1 the federal government...

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