MAYBURG v. HECKLER

Civ. A. No. 82-2982-K.

574 F.Supp. 922 (1983)

Rose E. MAYBURG, Plaintiff, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant.

United States District Court, D. Massachusetts.

November 9, 1983.


Attorney(s) appearing for the Case

Mark S. Coven, Greater Boston Legal Services, Boston, Mass., Sally Hart Wilson, Los Angeles, Cal., Eileen P. Sweeney, Washington, D.C., for plaintiff.

Joan I. Milstein, Asst. U.S. Atty., Boston, Mass., for defendant.


OPINION

KEETON, District Judge.

This action is before the court on plaintiff's motion for class certification, Docket No. 16, and cross motions by the parties for partial summary judgment, Docket Nos. 18 and 20.

This case arose from defendant's denial of Medicare benefits to plaintiff. At issue was the interpretation of "spell of illness" in the Medicare Act (Title XVIII of the Social Security Act). In short, the Medicare Part A program provides...

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