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SMITH on BEHALF of McDONALD v. SHALALA

No. 2:92CV336.

855 F.Supp. 658 (1994)

Barbara SMITH on Behalf of Mary McDONALD, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant.

United States District Court, D. Vermont.

April 5, 1994.

Attorney(s) appearing for the Case

Kathleen Cleghorn, Vermont Legal Aid, Medicare Advocacy Project, Springfield, VT, for plaintiff.

Christopher B. Baril, Asst. U.S. Atty., Rutland, VT, for defendant.

OPINION AND ORDER

NIEDERMEIER, United States Magistrate Judge.

Mary McDonald appeals from a final decision of the Secretary, denying her claim for Medicare Part A home health care benefits. She brings this action pursuant to 42 U.S.C. § 405(g). Both parties have moved for summary judgment and consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) and Fed. R.Civ.P. 73. For the following reasons, I grant...

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