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GERSTMAN v. SECRETARY OF H. E. W.

No. Civ-74-355.

432 F.Supp. 636 (1977)

Irving GERSTMAN as Executor of the Estate of Belle Fineberg, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

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

June 6, 1977.

Attorney(s) appearing for the Case

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

Richard J. Arcara, U.S. Atty., Buffalo, N.Y. (C. Donald O'Connor, Asst. U.S. Atty., Buffalo, N.Y., Borge Varmer, Regional Atty., Region II, and Jerome T. Levy, Deputy Regional Atty., Office of the Gen. Counsel, Dept. of Health, Education & Welfare, New York City, of counsel), for the Government.

CURTIN, Chief Judge.

This is the second time this case is in this court for review, under §§ 205(g) and 1869(b) of the Social Security Act, 42 U.S.C. §§ 405(g) and 1395ff(b)(1), of a final decision of the Secretary of Health, Education and Welfare [H.E.W.] denying plaintiff's application under 42 U.S.C. § 1395c for hospital insurance benefits.

The pertinent facts are not in contention and...

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