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TEXAS EMP. INS. ASS'N v. UNITED STATES

No. 76-2056.

558 F.2d 766 (1977)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

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., William Kanter, Rex E. Lee, Asst. Atty. Gen., Neil H. Koslowe, Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

James H. Doores, Amarillo, Tex., for plaintiff-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This case presents the sole question of whether the United States can recover the cost of medical services provided through a Veterans Administration hospital to an injured veteran-employee covered by the Texas Workmen's Compensation Act, Texas Rev.Civ.Stat.Ann. arts. 8306-8309 (Vernon 1967). The legal issue is a variation of that decided in favor of the Government in United States v. Bender Welding & Machine Co., ___ F.2d ___, Docket...

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