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FINEBERG v. SECRETARY OF HEALTH, EDUCATION & WELFARE

Civ. No. 1971-562.

363 F.Supp. 1382 (1973)

Belle FINEBERG, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

United States District Court, W. D. New York.

September 24, 1973.

Attorney(s) appearing for the Case

Borins, Halpern, Snitzer, Levy & Fradin, Buffalo, N. Y. (Isadore Snitzer, Buffalo, N. Y., of counsel) for plaintiff.

John T. Elfin, U. S. Atty. (C. Donald O'Connor, Buffalo, N. Y., of counsel) for the Government.

CURTIN, District Judge.

This is an action brought under 42 U. S.C. § 405(g) for review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff's application for hospital insurance benefits under 42 U.S.C. § 1395c. Defendant seeks summary judgment based on the pleadings, the record and the decision below.

The plaintiff filed an application for hospital insurance benefits on April 29, 1970 for payment of extended care...

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