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NEW YORK LIFE INS. CO. v. U.S.

No. 98-5108.

190 F.3d 1372 (1999)

NEW YORK LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 15, 1999.

Attorney(s) appearing for the Case

Robert J. Cynkar, Cooper, Carvin & Rosenthal, PLLC, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Michael W. Kirk and R. Ted Cruz. Of counsel on the brief was John B. Rhinelander, Shaw, Pittman, Potts & Trowbridge, of Washington, DC.

Steven J. Gillingham, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was David M. Cohen, Director.

Before RICH, SCHALL, and BRYSON, Circuit Judges.

SCHALL, Circuit Judge.

New York Life Insurance Company ("New York Life") appeals the April 22, 1998 decision of the United States Court of Federal Claims dismissing its complaint against the United States. New York Life Ins. Co. v. United States, 41 Fed.Cl. 60 (1998). In its suit, New York Life sought to recover money it paid as insurer under a group health plan between December 21, 1990 and August 10, 1993 for the medical expenses of its insurance agents age...

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