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NEW YORK EYE AND EAR INFIRMARY v. HECKLER

No. 83 Civ. 7158 (LBS).

594 F.Supp. 396 (1984)

The NEW YORK EYE AND EAR INFIRMARY, Plaintiff, v. Margaret M. HECKLER, as Secretary of the United States Department of Health and Human Services, Defendant.

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

September 13, 1984.

Attorney(s) appearing for the Case

Garfunkel, Wild & Travis, Great Neck, N.Y., for plaintiff; Norton L. Travis, Great Neck, N.Y., of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant; Frederick M. Lawrence, Asst. U.S. Atty., New York City, of counsel.

OPINION

SAND, District Judge.

This action is brought under section 1878(f)(1) of the Social Security Act, as amended, 42 U.S.C. § 1395oo(f)(1) (1982), to review a final determination of the Secretary of Health and Human Services, Margaret Heckler (hereinafter "the Secretary"), denying plaintiff's request for Medicare reimbursement sought pursuant to sections 1814(b) and 1861(v) of the Social Security Act, 42 U.S.C. §§ 1395f, 1395x ...

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