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WILKINS v. SULLIVAN

No. 89-1699.

889 F.2d 135 (1989)

James L. WILKINS, as Successor-Executor of the Estate of Harry L. Wilkins, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 14, 1989.

Attorney(s) appearing for the Case

Michael T. Mahoney, Chillicothe, Ill., for plaintiff-appellant.

K. Tate Chambers, Asst. U.S. Atty., Peoria, Ill., Donald F. Dickey, Dept. of Health & Human Services, Office of the General Counsel, Baltimore, Md., for defendant-appellee.

Before CUDAHY and FLAUM, Circuit Judges, and GRANT, Senior District Judge.

CUDAHY, Circuit Judge.

The plaintiff in this case, Harry Wilkins,1 appeals the denial of his claim for Medicare benefits to pay the costs of a hospital stay during which he underwent bilateral carotid body resection ("BCBR") surgery. The Secretary of Health and Human Services ("HHS") issued a final decision denying Wilkins's claim, and the district court upheld the Secretary's decision. Wilkins...

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