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MORTON v. HECKLER

CIV-83-644E.

586 F.Supp. 110 (1984)

Richard C. MORTON, as Voluntary Administrator of the Estate of Florence M. Morton, SS# 079-07-4132, Plaintiff, v. Margaret HECKLER, as Secretary of the Department of Health and Human Services, Defendant.

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

June 7, 1984.

Attorney(s) appearing for the Case

William Barry, Buffalo, N.Y., for plaintiff.

Sonia C. Jaipaul, Asst. U.S. Atty., Buffalo, N.Y., for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff in this action brought under 42 U.S.C. §§ 405(g) and 1395ff(b) to review a denial of "Medicare" benefits by the Secretary of Health and Human Services ("the Secretary") has moved for a default judgment pursuant to Fed.R.Civ.P. rules 55(b)(2) & 55(e) or, alternatively, for a de novo determination of entitlement to such benefits.

On June 14, 1983 plaintiff filed a complaint...

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