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REGAN v. U.S.

No. CIV.A.02-10696 WGY.

421 F.Supp.2d 319 (2006)

John F. REGAN, International Brotherhood of Corrections Officers, on behalf of themselves and all others similarly situated, Plaintiffs, and The Commonwealth of Massachusetts, Plaintiff-Intervenor, v. THE UNITED STATES of America, Defendant

United States District Court, D. Massachusetts.

March 14, 2006.

Attorney(s) appearing for the Case

Alejandro L. Bertoldo, Department of Justice, Washington, DC, for United States of America, Defendant.

Lawrence D. Humphrey, National Association of Government Employees, Quincy, MA, for John F. Regan, Plaintiff.

Barry E. Reiferson, U.S. Department of Justice, Washington, DC, for United States of America, Defendant.

Peter Sacks, Attorney General's Office, Boston, MA, for Commonwealth of Massachusetts, Intervenor Plaintiff.

Barbara Healy Smith, United States Attorney's Office, Boston, MA, for United States of America, Defendant.

MEMORANDUM

YOUNG, District Judge.

I. INTRODUCTION

The Commonwealth of Massachusetts ("the Commonwealth") has largely abolished county government and transferred county employees to state employ. The United States and the Commonwealth have different perspectives on the impact that this consolidation has on the availability of the continuing-employment exception to the Medicare tax. The issue, as framed below, is one of first impression...

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