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McGOWAN v. SHALALA

No. 97-2700.

135 F.3d 531 (1998)

John J. MCGOWAN, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 5, 1998.

Attorney(s) appearing for the Case

Richard D. Raskin (argued), James C. Dechene, Jason G. New, Sidley & Austin, Chicago, IL, for Plaintiff-Appellant.

Matthew V. Richmond, Office of the United States Attorney, Milwaukee, WI, John E. Bizot (argued), Department of Health and Human Services, Region V, Social Security Administration, Chicago, IL for Defendant-Appellee.

Before POSNER, Chief Judge, and EASTERBROOK and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

When John McGowan enrolled in the Medicare program, he signed a form accepting Part A coverage and declining Part B coverage. Part A of Medicare covers the cost of hospital services and is free; Part B covers physicians' services and requires a premium, deducted from Social Security retirement benefits. At the time of his enrollment McGowan was covered by his employer's medical plan, and Part B...

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