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UNITED STATES v. COMMERCIAL UNION INSURANCE GROUP

No. 67 Civ. 4684.

294 F.Supp. 768 (1969)

UNITED STATES of America, Plaintiff, v. COMMERCIAL UNION INSURANCE GROUP, Defendant.

United States District Court S. D. New York.

January 3, 1969.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, for plaintiff, by Michael D. Hess, Asst. U. S. Atty., New York City.

Francis J. Heneghan, New York City, for defendant; Carole R. Moskowitz, Jamaica, N. Y., of counsel.

MANSFIELD, District Judge.

In this action pursuant to 42 U.S.C. § 2651 for recovery from an insurance carrier of the reasonable value of hospital and medical care and supplies furnished to a postal employee, Salva T. Tortorici, the Government has moved for summary judgment. Section 2651 provides:

"§ 2651. RECOVERY BY UNITED STATES—CONDITIONS; EXCEPTIONS; PERSONS LIABLE; AMOUNT OF RECOVERY; SUBROGATION; ASSIGNMENT "(a) In any case...

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