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BOHLEN v. WEINBERGER

No. 72-1884.

483 F.2d 918 (1973)

Emma BOHLEN, Appellee, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 15, 1973.

Attorney(s) appearing for the Case

Roland J. Artigues, Galfand, Berger, Senesky, Lurie & March, Philadelphia, Pa., for appellee.

Harlington Wood, Jr., Asst. Atty. Gen., Carl J. Melone, U. S. Atty., Walter H. Fleischer, James C. Hair, Jr., Attys., Department of Justice, Washington, D. C., for appellant.

Before ALDISERT and ADAMS, Circuit Judges and STAPLETON, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The Court is asked on this appeal to determine the narrow issue whether, under the Medicare provisions of the Social Security Act,1 prior to the 1972 amendment, the denial by a carrier of reimbursement to an individual for dental care is subject to administrative review. The district court held, in an exhaustive opinion,2 that, under the Medicare Act, an...

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