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UNITED STATES v. SHANKS

No. 9326.

384 F.2d 721 (1967)

UNITED STATES of America, Appellant, v. James L. SHANKS, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 12, 1967.

Attorney(s) appearing for the Case

Robert C. McDiarmid, Atty., Department of Justice (Barefoot Sanders, Asst. Atty. Gen., Lawrence M. Henry, U. S. Atty., and Alan S. Rosenthal, Atty., Department of Justice, on the brief), for appellant.

Alan H. Bucholtz, Denver, Colo. (Harry L. Arkin, Denver, Colo., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The United States sued to recover the value of Veterans' Administration (V.A.) hospital care furnished to appellee-defendant Shanks. The trial court sustained a motion to dismiss the complaint and this appeal followed.

The complaint as originally filed alleged that on three occasions the defendant executed an oath asserting inability to pay the costs of, and received without charge, medical and other services at the Denver V.A...

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