Cardno v. Finch

ON MOTION BY DEPENDANT TO DISMISS

CASSIBRY, District Judge:

This is an action by Mrs. Nellie Cardno to review a final decision of the Secretary of HEW denying her emergency hospital benefits under Part A of the Medicare Act (42 U.S.C.A. § 1395 et seq.). Mrs. Cardno was admitted to the Southern Baptist Hospital in New Orleans on July 9, 1968; on July 11, 1968 her right kidney was removed by surgery. She remained in the hospital until July 27, 1968. The Southern Baptist Hospital, at the time of Mrs. Cardno’s operation, was a nonparticipating hospital in the Medicare Program. Consequently, the…