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UNITED STATES v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 71-1340.

455 F.2d 789 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 24, 1972.

Attorney(s) appearing for the Case

William D. Appler, Department of Justice, Washington, D. C. (L. Patrick Gray, III, Asst. Atty. Gen., William R. Burkett, U. S. Atty., Oklahoma City, Okl., and Morton Hollander, Department of Justice, Washington, D. C., on the brief), for appellant.

Richard A. Procter, Oklahoma City, Okl., for appellee.

Before MURRAH, SETH and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

The United States Government brought this action as a third-party beneficiary, against State Farm, to recover medical expenses it incurred under 10 U.S.C.A. § 1074 for treatment of an insured serviceman who was injured in a car accident. The District Court granted a summary judgment to State Farm, holding that 42 U.S.C.A. § 2651 did not grant the United States a right of recovery and that the United States was not entitled to sue...

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