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U.S. v. COMMONWEALTH ENERGY SYSTEM

No. 97-11722-JLT.

994 F.Supp. 80 (1998)

UNITED STATES of America, Plaintiff, v. COMMONWEALTH ENERGY SYSTEM and Subsidiary Companies, Defendants.

United States District Court, D. Massachusetts.

February 17, 1998.

Attorney(s) appearing for the Case

George P. Eliopoulos, U.S. Department of Justice, Washington, DC, for Plaintiff.

Richard P. Swanson, Susan Logan Bedford, Reid & Priest, New York City, Michael K. Callahan, Commonwealth Energy Services Co., Cambridge, MA, for Defendants.

MEMORANDUM

TAURO, Chief Judge.

Plaintiff, the United States of America, brings this action to recover taxes and interest, which it claims were erroneously refunded. Plaintiff states that, on August 2, 1995, it refunded to Defendants the amounts claimed in Defendants' 1990 and 1991 tax returns, plus interest. Plaintiff avers that, in total, it erroneously refunded $883,030.21. Defendants now move to dismiss the complaint pursuant to Federal Rule of...

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