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UNITED STATES v. MOORE

No. 19070.

469 F.2d 788 (1972)

UNITED STATES of America, Appellant, v. Leta MOORE.

United States Court of Appeals, Third Circuit.

Submitted August 16, 1971.

Resubmitted July 24, 1972.

Decided October 19, 1972.

Attorney(s) appearing for the Case

Daniel J. Joseph, Morton Hollander, Dept. of Justice, Washington, D. C., for appellant.

Cody H. Brooks, Warren, Hill, Henkelman & McMenamin, Scranton, Pa., for appellee.

Before BIGGS and KALODNER, Circuit Judges, and WHIPPLE, District Judge.

Resubmitted Under Third Circuit Rule 12(6) July 24, 1972.

OPINION OF THE COURT

KALODNER, Circuit Judge.

The prime question presented by this appeal is whether enforcement of the federal Medical Care Recovery Act1 ("Act") is subject to the vagaries of state family immunity laws and their right-to-sue limitations.

The District Court answered the question in the affirmative in the instant action by the United States...

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