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MELSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. CIV-86-299C.

702 F.Supp. 997 (1988)

Virginia C. MELSON, on Behalf of James MELSON, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

November 7, 1988.

Attorney(s) appearing for the Case

Legal Services for the Elderly (William W. Berry, of counsel), Buffalo, N.Y., for plaintiff.

Dennis C. Vacco, U.S. Atty. (Paul J. Campana, of counsel), Buffalo, N.Y., for defendant.

CURTIN, District Judge.

The plaintiff has brought this action against the Secretary of Health and Human Services ("Secretary") on behalf of her husband pursuant to 42 U.S.C. §§ 405(g), 1395ff(b). She is seeking review of the Secretary's determination that her husband is not entitled to Medicare benefits for acute inpatient hospital care that he received after suffering a heart attack and resulting brain damage...

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