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LAFARO v. NEW YORK CARDIOTHORACIC GROUP, PLLC

Docket No. 08-4621-cv.

576 F.3d 128 (2009)

Rocco J. LAFARO, M.D., Arlen G. Fleisher, M.D., Cardiac Surgery Group, P.C., Plaintiffs-Appellants, v. NEW YORK CARDIOTHORACIC GROUP, PLLC, Steven L. Lansman, M.D., David Spielvogel, M.D., Westchestre County Health Care Corporation, Westchestre Medical Center, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 7, 2009.

Attorney(s) appearing for the Case

Richard G. Menaker, Menaker & Herrmann, LLP, New York, NY, for Plaintiffs-Appellants.

Jordy Rabinowitz, Senior Associate General Counsel, Westchester County Health Care Corporation, Office of Legal Affairs, Valhalla, NY, for Defendants-Appellees.

Before: CALABRESI and WESLEY, Circuit Judges, and DRONEY, District Judge.

PER CURIAM:

In the appeal underlying this application for costs, we vacated the district court's order and remanded the case for further proceedings. LaFaro v. N.Y. Cardiothoracic Group, No. 08-4621-CV, 2009 WL 1873649, 2009 U.S.App. LEXIS 14283 (2d Cir. July 1, 2009). Plaintiffs-appellants, who sought the remand, subsequently filed their itemized bill of costs, to which defendants-appellees object on the ground that, in the event of vacatur and remand, Federal...

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