DAVIS v. UNITED STATES DEPT. OF HLTH., ED. & WELFARE

No. 75 Civ. 3002.

416 F.Supp. 448 (1976)

Philip DAVIS, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, and Group Health Incorporated, Defendants.

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

June 11, 1976.


Attorney(s) appearing for the Case

Bradley B. Davis, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., for defendants; Nathaniel L. Gerber, Asst. U. S. Atty., Borge Varmer, Regional Atty., Region II, New York City, Annette Blum, Asst. Regional Atty., Dept. of Health, Education and Welfare, Washington, D. C., of counsel.


MEMORANDUM

LASKER, District Judge.

Philip Davis seeks a judgment declaring invalid certain hearing procedures established by the Secretary of the Department of Health, Education § Welfare (HEW) regarding disputed claims of medicare benefits under Title XVIII, Part B of the Social Security Act, 42 U.S.C. §§ 1395, et seq. Specifically, Davis alleges that the procedures for the appointment of persons who conduct hearings as to disputed...

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