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UNITED STATES v. HAYNES

No. 30650.

445 F.2d 907 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph M. HAYNES and Allstate Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 1, 1971.

Attorney(s) appearing for the Case

Don M. Richard, Asst. U. S. Atty., New Orleans, La., Morton Hollander, Raymond D. Battocchi, Attys., Dept. of Justice, Washington, D. C., for appellant.

James E. Moore, Baton Rouge, La., for appellees.

Before BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

CLARK, Circuit Judge:

This action, brought by the United States of America under the provisions of the Medical Care Expense Recovery Act, 42 U.S.C.A. § 2651 et seq., sought to recover for certain medical services which it was statutorily obligated to render. Since we determine that the Louisiana law which grants the cause of action for the recovery of medical expenses exclusively and solely to the community and therefore to the husband as its master, is...

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