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LEVINE v. SECRETARY OF HEALTH, ED. & WELFARE

No. CIV-79-585C.

529 F.Supp. 333 (1981)

Adeline Gordon LEVINE, o/b/o Benjamin Gordon (Deceased), Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

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

December 28, 1981.

Attorney(s) appearing for the Case

Adeline Gordon Levine and Murray Levine, pro se, for plaintiff.

Department of Health and Human Services, New York City (Amy Yourman, Asst. Regional Atty., New York City, of counsel), for defendant.

CURTIN, Chief Judge.

Plaintiff Adeline Gordon Levine is the daughter of the deceased, Benjamin Gordon. Plaintiff brings this action pursuant to 42 U.S.C. § 1395ff(b) for review of a final determination of the Secretary of Health and Human Services denying Mr. Gordon's application for hospital insurance benefits and post-hospital extended care benefits.

The facts are not disputed. Mr. Gordon was in poor health during his last years and spent the years...

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