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STATE OF N.Y. ON BEHALF OF STEIN v. SEC'Y OF HHS

No. 277, Docket 89-6227.

924 F.2d 431 (1991)

STATE OF NEW YORK on Behalf of Beatrice STEIN, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 18, 1991.

Attorney(s) appearing for the Case

Robert Wanerman, Asst. Regional Counsel, Dept. of Health and Human Services, New York City (Stuart M. Gerson, Asst. Atty. Gen., Frederick J. Scullin, Jr., U.S. Atty., Anthony J. Steinmeyer, Appellate Staff, Civ. Div., New York City, of counsel), for defendant-appellant.

Lenore B. Browne, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., New York City, of counsel), for plaintiff-appellee.

Before FEINBERG, VAN GRAAFEILAND, and KEARSE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The Secretary of Health and Human Services appeals from a judgment of the United States District Court for the Northern District of New York (Cholakis, J.) reversing the Secretary's determination that Beatrice Stein's hospitalization from August 14 to September 17, 1984 was not reasonable and necessary and therefore not covered by Medicare. We vacate the judgment and return the case to the district court with instructions to remand...

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