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McMAHON v. CALIFANO

Civ. A. No. 78-1053-G.

476 F.Supp. 978 (1979)

John McMAHON, on behalf of Mary McMahon, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant.

United States District Court, D. Massachusetts.

September 21, 1979.

Attorney(s) appearing for the Case

John J. Ford, Neighborhood Legal Services, Lynn, Mass., for plaintiff.

Bruce A. Singal, Asst. U.S. Atty., Boston, Mass., for defendant.

MEMORANDUM OF DECISION DENYING DISMISSAL

GARRITY, District Judge.

This case involves a challenge to the application of Title XVIII of the Social Security Act governing Medicare benefits, 42 U.S.C. §§ 1395 et seq. Plaintiff, on behalf of his now deceased wife, seeks an order compelling the Secretary of the Department of Health, Education and Welfare (the "Secretary") to provide plaintiff with the payments for nursing home services that his...

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