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CENTER FOR FAMILY MEDICINE v. U.S.

Civ. No. 05-4049-KES.

456 F.Supp.2d 1115 (2006)

CENTER FOR FAMILY MEDICINE, a South Dakota Corporation, and the University of South Dakota School of Medicine Residency Corporation, a South Dakota Corporation, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, Southern Division.

August 17, 2006.

Attorney(s) appearing for the Case

Cheryle Wiedmeier Gering, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, Robert B. Frieberg, Thomas H. Frieberg, Frieberg Nelson Ask LLP, Beresford, SD, for Plaintiffs.

Robert D. Metcalfe, U.S. Department of Justice, Washington, DC, for Defendant.

ORDER DENYING UNITED STATES OF AMERICA'S MOTION FOR SUMMARY JUDGMENT

KAREN E. SCHREIER, Chief Judge.

Plaintiffs, Center for Family Medicine and University of South Dakota School of Medicine Residency Program (collectively referred to as plaintiffs) filed a complaint seeking a refund of FICA1 taxes. Defendant, United States of America, moves for summary judgment. Plaintiffs oppose the motion. For the reasons discussed below, the...

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