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COM. OF MASS. v. SULLIVAN

Civ. A. No. 89-1213-T.

803 F.Supp. 475 (1992)

COMMONWEALTH of Massachusetts, Plaintiff, v. Louis M. SULLIVAN, M.D., Secretary of the United States Department of Health and Human Services, et al., Defendants.

United States District Court, D. Massachusetts.

September 22, 1992.

Attorney(s) appearing for the Case

Walter M. Foster, Atty. General's Office, Boston, Mass., for plaintiff.

Annette Forde, U.S. Attys. Office, George Eng, Dept. of Health and Human Services, Boston, Mass., for defendants.

MEMORANDUM

TAURO, Chief Judge.

I

BACKGROUND

The Commonwealth of Massachusetts ("Commonwealth") seeks reimbursement from the United States Department of Health and Human Services ("HHS") for payments made into a pension reserve fund during fiscal years 1985 and 1986.1 The Commonwealth alleges an underrecovery of $32.2 million in federal funds. The HHS Division of Cost Allocation ("DCA") disallowed these payments...

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