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STATE OF N.Y. ON BEHALF OF BODNAR v. SEC. OF HEALTH AND HUMAN SERVICES

No. 790, Docket 89-6217.

903 F.2d 122 (1990)

STATE OF NEW YORK, on Behalf of Margaret BODNAR, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 8, 1990.

Attorney(s) appearing for the Case

Mark W. Pennak, Atty., Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Frederick J. Scullin, Jr., U.S. Atty., and Anthony J. Steinmeyer, Attorney, Appellate Staff Civ. Div., Department of Justice, of counsel), for appellant.

Peter G. Crary, Asst. Atty. Gen. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., and Lenore B. Browne, Asst. Atty. Gen., of counsel), for appellee.

Before OAKES, Chief Judge, KEARSE, Circuit Judge, and FLETCHER, Circuit Judge.

OAKES, Chief Judge:

Margaret Bodnar was seventy-seven years old when she was brought by ambulance and carried in by stretcher to the Helen Hayes Hospital in West Haverstraw, New York, on August 6, 1982. Having left the hospital only two weeks earlier, after recuperation from surgery and from an infection to her left hip, Bodnar was suffering from a painful and swollen left knee. She could no longer walk except in pain.

The Secretary of Health and Human Services...

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