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GIOVE v. WEINBERGER

Civ. A. No. 73-358-M.

380 F.Supp. 364 (1974)

Theodora GIOVE, on behalf of Joseph Giove (Deceased) v. Caspar WEINBERGER, Secretary, Department of Health, Education and Welfare, Individually in his official capacity.

United States District Court, D. Maryland.

July 29, 1974.

Attorney(s) appearing for the Case

Dennis M. Sweeney and J. Kenneth Donnelly, Baltimore, Md., for plaintiff.

George Beall, U. S. Atty., and Gerard P. Martin, Asst. U. S. Atty., and James C. Pyles, Dept. of Health, Ed. and Welfare, Baltimore, Md., for defendant.

Memorandum Opinion and Order

JAMES R. MILLER, Jr., District Judge.

Plaintiff, the widow of Joseph Giove, has filed a complaint in this court challenging the determination of the Social Security Administration that the hospital care of her deceased husband after June 9, 1971, was "custodial" and thus specifically excluded from coverage under the "Medicare Act" by virtue of Title XVIII, § 1862(a) (9) of the Social Security Act, 42 U.S.C. §...

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