BABULA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. CIV-85-1438C.

655 F.Supp. 1117 (1987)

Genevieve BABULA, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

March 10, 1987.


Attorney(s) appearing for the Case

Robert Abrams, N.Y. State Atty. Gen. (Douglas S. Cream, Asst. N.Y. State Atty. Gen., of counsel), Buffalo, N.Y., for plaintiff.

Roger P. Williams, U.S. Atty. (Jacqueline Stover, Sp. Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendant.


CURTIN, Chief Judge.

This is an action brought by the plaintiff to review a final decision of the Secretary denying plaintiff's payment of benefits under the Hospital Insurance portion of the Federal program of health insurance (Medicare Part A). Pursuant to 42 U.S.C. § 1395ff, judicial review is governed by 42 U.S.C. § 405(g).

The relevant history of this case can be summarized as follows. In February of 1982, plaintiff was transferred from the...

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