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IN RE YONKERS HAMILTON SANITARIUM INC.

Bankruptcy No. 80 B 20054, 82 Adv. 6073.

22 B.R. 427 (1982)

In re YONKERS HAMILTON SANITARIUM INC., d/b/a Yonkers Professional Hospital, Debtor.

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

August 13, 1982.

Attorney(s) appearing for the Case

Teitelbaum & Gamberg, P.C., New York City, for trustee.

John S. Martin, Jr., U.S. Atty. for the S.D. New York, New York City, for defendants; Stuart M. Bernstein, Asst. U.S. Atty., New York City, of counsel.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendant, the United States of America, Department of Health and Human Services (the government) urges the application of the doctrine of recoupment as a defense to this action by the trustee in bankruptcy of Yonkers Hamilton Sanitarium, Inc., d/b/a Yonkers Professional Hospital, to recover alleged preferential transfers made by the debtor to the government pursuant to an agreement with the government's fiscal intermediary...

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