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DAVID v. U.S.

Civil Action No. 96-30067-MAP.

964 F.Supp. 31 (1997)

George DAVID, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

April 30, 1997.

Attorney(s) appearing for the Case

Paul M. Stein, Malkasian, Hicinbothem & Mollica, PA, Framingham, for Plaintiff.

Carina J. Campobasso, Trial Attorney, Tax Division, U.S. Department of Justice, Washington, DC, Susan M. Poswistilo, United States Attorney's Office, Boston, for Defendant.

PONSOR, District Judge.

Upon de novo review this Report and Recommendation are hereby adopted. Defendant's motion (Dkt. No. 8) is hereby ALLOWED, and plaintiff's motion (Dkt. No. 11) is DENIED. Plaintiff's suit cannot survive the letter and spirit of Brockamp.

So Ordered.

The clerk is hereby ordered to enter judgment for the defendant.

REPORT AND RECOMMENDATION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT (Docket Nos. 8 and...

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