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RICHARDSON v. DEPARTMENT OF REVENUE

423 Mass. 378 (1996)

JONATHAN RICHARDSON v. DEPARTMENT OF REVENUE & another.

Supreme Judicial Court of Massachusetts, Essex.

August 1, 1996.

Attorney(s) appearing for the Case

Michael T. Phelan (Kathryn M. Phelan with him) for the plaintiff.

Edward J. DeAngelo, Assistant Attorney General, for the defendants.

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.

LYNCH, J.

The plaintiff seeks to recover approximately $18,000 paid by him over a period of nine years to the Department of Public Welfare as support for a child he subsequently discovered was not his.

In July, 1990, the plaintiff filed this action against the Department of Public Welfare and the Department of Revenue (departments) alleging unjust enrichment. The departments' motion to dismiss was denied on December 13, 1990. Once discovery was complete, in...

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