Winters v. Lavine

574 F.2d 46 (2d Cir. 1978)

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Nature of the Case

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Facts

Winters (P) sought Medicaid compensation for the services of a Christian Science practitioner. Lavine (D), representing the State of New York, refused to pay. P sued in New York State court, where the claim was rejected; P had no right to compensation under the statue, and the failure of the statute to cover her claim did not violate the first amendment, and her proof of illness and treatment was inadequate. P then sued in federal court. The court held that both issues were precluded. P appealed.