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GOODMAN v. SULLIVAN

No. 230, Docket 89-6112.

891 F.2d 449 (1989)

Ben GOODMAN, Plaintiff-Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 12, 1989.

Attorney(s) appearing for the Case

John F. McHugh, New York City, for plaintiff-appellant.

Linda A. Riffkin, Sp. Asst. U.S. Atty., Benito Romano, U.S. Atty., S.D. of N.Y., Edward T. Ferguson, III, Asst. U.S. Atty., New York City, for defendant-appellee.

Before OAKES, Chief Judge, and KEARSE and ALTIMARI, Circuit Judges.

PER CURIAM:

Plaintiff, Ben Goodman, appeals from an order of the United States District Court for the Southern District of New York, John M. Walker, Jr., Judge, dismissing plaintiff's challenge to a regulation under the federally funded health insurance program commonly known as "Medicare Part B," see 42 U.S.C. §§ 1395j-1395w-3 (1982 & Supp. V 1987), that excludes coverage for experimental, investigative, or unproven procedures. See Medicare...

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