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AQUAVELLA v. FINCH

Civ. No. 1969-272.

306 F.Supp. 860 (1969)

James V. AQUAVELLA and Salmon Harvey, partners doing business as Glen Oaks Nursing Home, and Arista Development Corporation, Plaintiffs, v. Robert FINCH, Secretary of Health, Education and Welfare; the United States of America; and Aetna Life and Casualty Company, Defendants.

United States District Court W. D. New York.

Denial of Motion October 1, 1969.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, Rochester, N. Y. (Michael T. Tomaino and Donald R. Adair, Rochester, N. Y., of counsel), for plaintiffs.

H. Kenneth Schroeder, Jr., U. S. Atty. (Stephen S. Joy, Asst. U. S. Atty., of counsel), for defendants.

JOHN O. HENDERSON, Chief Judge.

Plaintiffs Aquavella and Harvey are individuals doing business as Glen Oaks Nursing Home and have filed a complaint against all named defendants, alleging that the nursing home is and has been a provider of services pursuant to Title 42 U.S.C. § 1395 et seq., and that although as such it is entitled to reimbursement for reasonable costs as provided in those federal statutes, defendant Aetna, as agent for the Secretary of Health...

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