Court of Appeals for the Second Circuit May 18, 1987, 492, Docket 86-6159 (George FRIEDMAN, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee)

WINTER, Circuit Judge:

This is an appeal from Judge Korman’s decision upholding the denial by the Secretary of the Department of Health and Human Services (“Secretary”) of Medicare benefits for a portion of Friedman’s hospital stay during 1982. We initially issued a summary order affirming the judgment under our Rule 0.23, but have since vacated that order at the government’s request.