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UNITED STATES v. MERRIGAN

No. 16657.

389 F.2d 21 (1968)

UNITED STATES of America, Appellant, v. James F. MERRIGAN and James F. Merrigan, Jr., Defendants and Third-Party Plaintiffs, v. Thomas J. McKINNEY, Third-Party Defendant.

United States Court of Appeals Third Circuit.

Decided January 16, 1968.

Attorney(s) appearing for the Case

Morton Hollander, Chief, Appellate Section, Dept. of Justice, Civil Division, Washington, D. C. (Carl Eardley, Acting Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., Jonathan Kohn, Asst. U. S. Atty., Howard J. Kashner, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Robert M. Hanlon, Hanlon, Argeris & Amdur, Asbury Park, N. J., for appellees.

Before HASTIE, FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

This is an action by the United States of America under the Medical Care Recovery Act (76 Stat. 593, 42 U.S.C. §§ 2651-2653), to recover the reasonable value of hospital, medical and surgical care amounting to $4,641 furnished by the Veteran's Administration to a veteran injured as the result of defendant's negligence. The veteran had instituted his own action against the tortfeasor within six months...

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