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KAUFMAN v. HARRIS

No. 83-3136.

731 F.2d 370 (1984)

Lena KAUFMAN, Plaintiff-Appellee, v. Patricia HARRIS, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 12, 1984.

Rehearing Denied May 25, 1984.

Attorney(s) appearing for the Case

Carolyn Watts Allen, Asst. U.S. Atty., Cleveland, Ohio, Anthony J. Steinmeyer, Carlene V. McIntyre, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., David A. Gerard (argued), Asst. Regional Atty., Chicago, Ill., for defendant-appellant.

James Mitchell Brown (argued), Cleveland, Ohio, for plaintiff-appellee.

Before ENGEL and MARTIN, Circuit Judges, and WEICK, Senior Circuit Judge.

PER CURIAM.

The Secretary of Health and Human Services appeals from an order of Judge Robert B. Krupansky of the United States District Court for the Northern District of Ohio that vacated the Secretary's denial of Mrs. Kaufman's claim for Medicare benefits.

Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395-1395xx (1976 & Supp. V 1981), provides Medicare benefits for inpatient hospital services for up to 150 days during one "spell of...

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