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IN RE MID-ISLAND HOSP., INC.

Docket No. 00-5076.

276 F.3d 123 (2002)

In re MID-ISLAND HOSPITAL, INC., Debtor. Mid-Island Hospital, Inc. and Official Committee of Unsecured Creditors of Mid-Island Hospital, Inc., Plaintiffs-Appellants, v. Empire Blue Cross and Blue Shield, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 15, 2002.

Attorney(s) appearing for the Case

Ronald M. Terenzi, Berkman, Henoch, Peterson & Peddy, P.C. (Cara M. Goodstein, on the brief), Garden City, NY, for Plaintiffs-Appellants.

Howard S. Wolfson, Morrison Cohen Singer & Weinstein, LLP (John P. McNicholas and Andrew P. Schriever on the brief), New York, NY, for Defendants-Appellees.

Before: JOHN M. WALKER, Jr., Chief Judge, CALABRESI and POOLER, Circuit Judges.

POOLER, Circuit Judge.

This appeal requires us once more to address the meaning of "property of the estate" as it is used in the Bankruptcy Code. Plaintiffs Mid-Island Hospital, Inc. (the "Hospital") and Official Committee of Unsecured Creditors of Mid-Island Hospital, Inc. (the "Committee") (collectively, "Mid-Island") claim that because funds that state regulation required Empire Blue Cross and Blue Shield ("Empire") to withhold from payments otherwise due to the...

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