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UNITED STATES v. GUSTO DISTRIBUTING CO.

No. 3014.

329 F.Supp. 578 (1971)

UNITED STATES of America, Plaintiff, v. GUSTO DISTRIBUTING CO., Defendant.

United States District Court, D. Montana, Great Falls Division.

August 2, 1971.

Attorney(s) appearing for the Case

U. S. Atty. Eugene A. Lalonde, for plaintiff.

William L. Baillie, Smith, Emmons & Baillie, Great Falls, Mont., for defendant.

OPINION

RUSSELL E. SMITH, Chief Judge.

This action was brought by the United States under the Medical Care Recovery Act1 to recover the value of medical services rendered to Jimmy Keys, a United States soldier injured while on leave. The complaint shows that Keys, employed by the defendant, was in the course of his employment when injured by the negligent act of his employer. The employer had elected to be bound

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