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UNITED STATES v. UNITED SERVICES AUTOMOBILE ASSOCIATION

No. 29031.

431 F.2d 735 (1970)

UNITED STATES of America, Robert H. Busch and Mrs. Marguerite Busch, Plaintiffs-Appellees, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 9, 1970.

Attorney(s) appearing for the Case

Robert B. Thornton, Hobart Huson, Jr., San Antonio, Tex., for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., Richard Tinsman, Tinsman & Cunningham, Anthony Nicholas, Nicholas & Barrera, San Antonio, Tex., Robert V. Zener, Dept. of Justice, William D. Appler, Washington, D. C., for plaintiffs-appellees.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

PER CURIAM.

The minor son of an Air Force officer was struck by an automobile and received treatment for his injuries at government expense, which is provided for by 10 U.S.C.A. § 1076. The officer and the United States brought suit on the medical payment provision of the officer's automobile insurance policy, issued by United Services Automobile Association.

At the time of the injury Major Busch had outstanding protection under an automobile liability...

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