COE v. SECRETARY OF HEALTH, EDUCATION, AND WELFARE

No. 74-1215.

502 F.2d 1337 (1974)

Wilson COE, Administrator and Agent of the Estate of Mamie D. Coe, Appellant, v. SECRETARY OF HEALTH, EDUCATION, AND WELFARE, an Officer of the United States of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 1974.


Attorney(s) appearing for the Case

Franklin Smith, Elkin, N. C., for appellant.

Eli Kaplan, Atty., Dept. of Health, Education and Welfare (N. Carlton Tilley, Jr., U. S. Atty., M. D. N. C., and Benjamin H. White, Jr., Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.


BUTZNER, Circuit Judge:

The administrator of the estate of Mamie D. Coe appeals from a summary judgment of the district court disallowing Medicare benefits for services provided by a nursing home in Winston-Salem, North Carolina. Accepting the facts as found by the administrative law judge, we reverse because we believe that Mrs. Coe's administrator is entitled to recover as a matter of law.

Mrs. Coe had a long illness, following a stroke which partially paralyzed...

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