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KEEFE ON BEHALF OF KEEFE v. SHALALA

No. 358. Docket No. 95-6057.

71 F.3d 1060 (1995)

Margaret H. KEEFE, on Behalf of Francis P. KEEFE, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 13, 1995.

Attorney(s) appearing for the Case

Anthony Szczygiel, Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc., Buffalo, NY, for Plaintiff-Appellant.

John E. Gura, Jr., Assistant Regional Counsel, Office of the General Counsel, U.S. Dep't of Health and Human Services, New York City (Patrick H. NeMoyer, U.S. Attorney, Western District of New York, Harriet S. Rabb, General Counsel, HHS, Annette H. Blum, Chief Counsel-Region II, HHS, of counsel), for Defendant-Appellee.

Before: FEINBERG, WALKER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Plaintiff Margaret Keefe, on behalf of her late husband Dr. Francis Keefe, appeals from a judgment entered in the United States District Court for the Western District of New York (Richard J. Arcara, Judge), approving and adopting the recommendation and report of Magistrate Judge Leslie G. Foschio. The judgment affirmed the Secretary of Health and Human Services' denial of reimbursement under Medicare Part B for air ambulance services...

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