EDP MEDICAL COMPUTER SYSTEMS, INC. v. U.S.

Docket No. 06-0106-cv.

480 F.3d 621 (2007)

EDP MEDICAL COMPUTER SYSTEMS, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 9, 2007.


Attorney(s) appearing for the Case

Norman A. Kaplan, Law Office of Norman A. Kaplan, Great Neck, NY, for plaintiff-appellant.

Kenneth W. Rosenberg, Attorney, Tax Division, United States Department of Justice (Eileen J. O'Connor, Assistant Attorney General, Bruce R. Ellisen, Attorney, Tax Division, United States Department of Justice, on the brief, Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, of counsel), Washington, D.C., for defendant-appellee.

Before: JACOBS, Chief Judge, WALKER and RAGGI, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

Plaintiff-appellant EDP Medical Computer Systems, Inc. ("EDP"), brought this lawsuit seeking refund of a tax liability paid by the bankruptcy trustee after EDP had filed for bankruptcy protection. The United States District Court for the Eastern District of New York (Frederic Block, Judge) granted defendant-appellee United States' motion for summary judgment because, inter alia, EDP's claim was barred by res judicata...

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