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MURPHY v. U.S.

No. 94-1070.

45 F.3d 520 (1995)

John F. MURPHY, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Stephen J. Lyons with whom Klieman, Lyons, Schindler, Gross & Pabian, Boston, MA, was on brief, for appellant.

Kenneth W. Rosenberg, Atty., Tax Div., with whom Loretta C. Argrett, Asst. Atty. Gen., Gary R. Allen and Kenneth L. Greene, Attys., Tax Div., Dept. of Justice, Washington, DC, and Donald K. Stern, U.S. Atty., Boston, MA, were on brief, for appellee.

Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

This appeal arises from the dismissal of a suit brought by plaintiff-appellant John Murphy for a tax refund and damages stemming from an alleged illegal or erroneous tax collection. Because we agree with the district court that Murphy has failed to establish a waiver of sovereign immunity, we affirm.

I.

Background

Prior to 1972, Murphy formed Capeway Construction...

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