UNITED STATES v. YORK

No. 18001.

398 F.2d 582 (1968)

UNITED STATES of America, Plaintiff-Appellant, v. Tom YORK, d/b/a York's Mobil Service, and John Hare, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

July 24, 1968.


Attorney(s) appearing for the Case

William Kanter, Dept. of Justice, Washington, D. C. (Carl Eardley, Acting Asst. Atty. Gen., Morton Hollander, Howard J. Kashner, Attys., Dept. of Justice, Washington, D. C., Thomas L. Robinson, U. S. Atty., Memphis, Tenn., on the brief), for appellant.

Max D. Lucas, Jr., Memphis, Tenn. (J. W. Kirkpatrick, Memphis, Tenn., on the brief), for appellees; Kirkpatrick & Lucas, Memphis, Tenn., of counsel.

Before CELEBREZZE and PECK, Circuit Judges, and CECIL, Senior Circuit Judge.


CELEBREZZE, Circuit Judge.

The United States brought this action under the Medical Care Recovery Act, 42 U.S.C. §§ 2651-2653, to recover the reasonable value of medical care and treatment furnished to a person who was injured "* * * under circumstances creating a tort liability upon [the Defendants] * * * to pay damages * * *." 42 U.S.C. § 2651(a). Defendants' motion for summary judgment was granted by the United States District Court for the Western...

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