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MURPHY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 97 Civ. 3157(CM).

62 F.Supp.2d 1104 (1999)

Patrick J. MURPHY, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, S.D. New York.

July 30, 1999.

Attorney(s) appearing for the Case

Sheila T. Murphy, Bleakley Platt & Schmidt, White Plains, NY, for Patrick J. Murphy, plaintiff.

Lorraine S. Nivinski, Mary Jo White, U.S. Attorney, New York City, for Secretary of Health and Human Services, defendant.

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT

McMAHON, District Judge.

According to the undisputed facts of this Medicare reimbursement case, Patrick J. Murphy's deceased wife, Marilyn, fell ill in Naples, Florida, on February 18, 1990. She was admitted to Naples Community Hospital on that day and transferred to the Intensive Care Unit on February...

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