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INTERNATIONAL PHILANTHROPIC HOSPITAL v. U. S.

No. 233-79C.

621 F.2d 402 (1980)

INTERNATIONAL PHILANTHROPIC HOSPITAL FOUNDATION d/b/a Granada Hills Community Hospital, a California nonprofit Corporation v. The UNITED STATES.

United States Court of Claims.

April 30, 1980.

Attorney(s) appearing for the Case

Robert A. Klein, Los Angeles, Cal., attorney of record, for plaintiff; Gary S. Mobley and Weissburg & Aronson, Inc., Los Angeles, Cal., of counsel.

Frank M. Rapoport, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant.

Before NICHOLS, KASHIWA and SMITH, Judges.

ON DEFENDANT'S MOTION TO DISMISS

SMITH, Judge:

This case has come before us on defendant's motion to dismiss. It is contended by the Government that plaintiff's claim is barred by the doctrine of res judicata. After careful consideration of all submissions, but without oral argument, we deny defendant's motion to dismiss.

Plaintiff, the International Philanthropic Hospital Foundation, doing business as Granada Hills Community Hospital, is a California...

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