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FRIEDBERG v. SCHWEIKER

No. 83-5122.

721 F.2d 445 (1983)

Ruth FRIEDBERG, Executrix of the Estate of Miriam Crane v. Richard S. SCHWEIKER, Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided November 16, 1983.

Attorney(s) appearing for the Case

W. Hunt Dumont, U.S. Atty., Jerome B. Simandle, Asst. U.S. Atty., Trenton, N.J., Juan A. del Real, Gen. Counsel, Annette Blum, Regional Atty., Region II, Washington, D.C., Holly A. Clarke, Asst. Regional Atty., Barbara Lewis Spivak (argued), U.S. Dept. of Health and Human Services, New York City, for appellant.

Robert P. Beakley (argued), Atlantic City, N.J., for appellee.

Before ALDISERT, HUNTER and WEIS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This appeal by the Secretary of Health and Human Services, from a judgment of the district court, presents an issue of first impression in the courts of appeals. We are required to decide whether a "spell of illness," as defined by 42 U.S.C. § 1395x(a) of the Medicare Act continues when a person is receiving only custodial care in a "skilled nursing facility." The Secretary contends that so long as an individual resides...

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