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STATE OF N.Y. ON BEHALF OF HOLLAND v. SULLIVAN

No. 564, Docket 90-6181.

927 F.2d 57 (1991)

STATE OF NEW YORK on Behalf of Theresa HOLLAND, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 25, 1991.

Attorney(s) appearing for the Case

Robert E. Wanerman, Asst. Regional Counsel, New York City (Stuart M. Gerson, Asst. Atty. Gen., Anthony J. Steinmeyer, New York City, Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., on the brief), for defendant-appellant.

Lenore B. Browne, Asst. Atty. Gen. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., New York City, on the brief), for plaintiff-appellee.

Before KAUFMAN, NEWMAN, and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The Secretary of Health and Human Services appeals from the April 8, 1990, judgment of the District Court for the Northern District of New York (Howard G. Munson, Judge), directing that Medicare benefits be calculated and paid to the State of New York on behalf of Theresa Holland. The issue on appeal is whether the Secretary was entitled to deny Medicare coverage for Holland's hospitalization on the ground that inpatient hospital care...

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