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NEW YORK AND PRESBYTERIAN HOSP. v. U.S.

2017-1180.

881 F.3d 877 (2018)

NEW YORK AND PRESBYTERIAN HOSPITAL, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: January 31, 2018.

Attorney(s) appearing for the Case

MAURA BARRY GRINALDS , Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, argued for plaintiff-appellant. Also represented by JONATHAN LERNER ; BERNARD JOHN WILLIAMS, JR. , Washington, DC.

JACOB EARL CHRISTENSEN , Tax Division, United States Department of Justice, Washington, DC, for defendant-appellee. Also represented by TERESA E. McLAUGHLIN , DAVID A. HUBBERT , Washington, DC.

Dissenting opinion filed by Circuit Judge O'Malley.

Appellant New York and Presbyterian Hospital ("the Hospital")1 sued Appellee the United States ("the Government") in the U.S. Court of Federal Claims, alleging that Internal Revenue Code § 3102(b) (2012) entitled the Hospital to recover money paid to its medical residents to settle related...

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