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CONSOLIDATED EDISON CO. OF NEW YORK, INC. v. U.S.

No. 94 Civ. 0646 (JES).

941 F.Supp. 398 (1996)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

September 24, 1996.

Attorney(s) appearing for the Case

Consolidated Edison Company of New York, New York City, for Plaintiff; Stephen Ianello, of counsel.

Mary Jo White, United States Attorney for the Southern District of New York, New York City, for Defendant; Edward Scarvalone, Assistant United States Attorney, of counsel.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff Consolidated Edison Company of New York, Inc. ("Con Ed") brings the instant tax refund action to recover certain denied tax credits for tax years 1982, 1983 and 1984. Defendant United States of America moves to dismiss the refund claims for tax years 1982 and 1984 on the ground that the statutes of limitations have expired. In addition, the parties seek certification of the instant decision...

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