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HAYNER v. WEINBERGER

No. 73-C-1007.

382 F.Supp. 762 (1974)

De Eldon E. HAYNER, Plaintiff, v. Caspar WEINBERGER, Secretary of the Department of Health, Education and Welfare of the United States, Defendant.

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

September 26, 1974.

Attorney(s) appearing for the Case

Cullen & Dykman, Garden City, N. Y., for plaintiff; Peter J. Mastaglio, Garden City, N. Y., Serge Joffe, Brooklyn, N. Y., of counsel.

David G. Trager, U. S. Atty., E. D. N. Y., Borge Varmer, Regional Atty., Jerome T. Levy, Deputy Regional Atty., Office of the Gen. Counsel, Dept. of H. E. W., George H. Weller, Asst. U. S. Atty., for defendant.

BARTELS, District Judge.

Plaintiff, De Eldon Hayner, brings this action against the Secretary of Health, Education and Welfare ("the Secretary") to review his final decision denying plaintiff payment of benefits under the Federal program of health insurance for the aged under the Social Security Act ("the Act"), 42 U.S.C.A. § 1395 et seq. Hayner incurred expenses for treatment of his late wife ("Patient") at the Manhasset Medical Center during the period from...

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