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ROTH v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. CIV-83-1007C.

606 F.Supp. 636 (1985)

Carol A. ROTH, as Executor of the Estate of Floyd W. Striffler, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

April 17, 1985.

Attorney(s) appearing for the Case

Denis A. Kitchen, Jr., Clarence, N.Y., for plaintiff.

Salvatore R. Martoche, U.S. Atty., Buffalo, N.Y. (Sonia C. Jaipaul, Asst. U.S. Atty., Buffalo, N.Y., of counsel), for defendant.

CURTIN, Chief Judge.

This is an appeal from a final decision by the Secretary of Health and Human Services denying payment of extended care benefits for care received by the decedent while he was in a skilled nursing facility. Jurisdiction is based upon section 1869(b) of the Social Security Act, 42 U.S.C. § 1395ff(b). Both parties have moved for judgment on the pleadings.

I.

Floyd Striffler was transferred from Lockport Memorial Hospital to...

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