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BAKER v. HEALTH MANAGEMENT SYSTEMS, INC.

Docket No. 00-7736.

264 F.3d 144 (2001)

Thomas BAKER, on behalf of himself and all others similarly situated, Karen J. Connell, Glenn Diamond, Moana Diamond, Scott Fisher, Dana Fisher, George Seiden, Anand Shetty, Ahmad Fillabi, Elizabeth Ronis, Thomas Caps, Evelyn Diamond, Tim Davis, Herman Fleet, Michael Goldman, Raymond Kirschbaum, Phil Lawitz, Irving Putter, Miriam Putter, Donald T. Roberts, Virendra Shanghavi, August Vrancken, Ayodele Abiona, Ali Badreddine, Joseph Scognamilio and Eduard Korsinsky, Plaintiffs, v. HEALTH MANAGEMENT SYSTEMS, INC., Paul Kerz, Laurence B. Simon, Richard H. Stowe, John W. McIntyre, Donald J. Staffa, Russell L. Carson and Robert M. Holster, Defendants-Appellees, v. Phillip Siegel, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Question Certified August 21, 2001.

Attorney(s) appearing for the Case

Dennis J. Block, Cadwalader, Wickersham & Taft, New York, NY, (Michelle L. Roth, Jasmine Khalili on the brief), for Appellant.

Howard I. Rhine, Coleman Rhine & Goodwin, LLP, New York, NY, for Appellee.

Before: JACOBS, PARKER, KATZMANN, Circuit Judges.

Question Certified to the New York Court of Appeals August 21, 2001.

PARKER, Circuit Judge:

Defendant-appellant Phillip Siegel appeals from an order entered on May 12, 2000 in the United States District Court for the Southern District of New York (Richard M. Berman, Judge), granting in part his application for indemnification from defendant-appellee Health Management Systems, Inc. ("HMS") (and other individual defendants), but denying his application...

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