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UNITED STATES v. BENDER WELDING & MACH. CO.

Nos. 76-1770, 76-1916.

558 F.2d 761 (1977)

The UNITED STATES of America, the Veterans Administration and Director, Office of Workers' Compensation Programs, United States Department of Labor, Petitioners, v. BENDER WELDING & MACHINE CO. and American Mutual Liability Insurance Co., Respondents. The UNITED STATES of America, the Veterans Administration and Director, Office of Workers' Compensation Programs, United States Department of Labor, Petitioners, v. BENDER WELDING & MACHINE CO. and American Mutual Liability Insurance Co., Respondents.

United States Court of Appeals, Fifth Circuit.

September 1, 1977.

Attorney(s) appearing for the Case

Frank D. McCown, U. S. Atty., Fort Worth, Tex., Harry L. Sheinfeld, U. S. Dept. of Labor, Washington, D. C., William Kanter, Neil H. Koslowe, Rex E. Lee, Asst. Atty. Gen., Appellate Sec., Civil Div., Dept. of Justice, Washington, D. C., for petitioners.

W. Boyd Reeves, Mobile, Ala., for respondents.

The Benefits Review Bd., Washington, D. C., for other interested parties.

Before WISDOM, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

These two consolidated cases present the common legal question of whether the United States can recover the cost of medical care provided through a Veterans Administration hospital to disabled or injured veteran-employees covered by the Longshoremen's and Harbor Workers' Act, 33 U.S.C.A. § 901 et seq. The Benefits Review Board denied recovery. We reverse on the ground that the Government, to which the employees had voluntarily assigned...

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