BOSTON REGIONAL v. MASSACHUSETTS DIV. OF HEALTH

No. 03-1527.

365 F.3d 51 (2004)

In re BOSTON REGIONAL MEDICAL CENTER, INC., Debtor, Appellant, v. Commonwealth of MASSACHUSETTS DIVISION OF HEALTH CARE FINANCE AND POLICY, Appellee.

United States Court of Appeals, First Circuit.

Decided April 14, 2004.


Attorney(s) appearing for the Case

Harold B. Murphy with whom D. Ethan Jeffery and Hanify & King were on brief for appellant.

James J. Arguin, Assistant Attorney General, Office of the Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellee.

Before HOWARD, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.


LEVIN H. CAMPBELL, Senior Circuit Judge.

At issue in this appeal is whether amounts owing by a debtor hospital under Massachusetts general law, chapter 118G, section 18, to a state fund known as the Commonwealth's Uncompensated Care Pool are properly considered to be "excise taxes" enjoying priority in bankruptcy under 11 U.S.C. § 507(a)(8)(e).

Appellant, Boston Regional Medical Center, ("BRMC or debtor") filed...

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