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HEUSLE v. NATIONAL MUT. INS. CO.

Nos. 79-2483, 79-2690 and 80-1072.

628 F.2d 833 (1980)

Patti A. HEUSLE and George and Joyce Heusle, her parents, Appellants in 79-2483 and 79-2690, v. The NATIONAL MUTUAL INSURANCE COMPANY, Celina Group; The Travelers Insurance Company, and United States of America, Coast Guard and Department of Health, Education and Welfare, United States of America, Coast Guard and Department of Health, Education and Welfare, Appellants in 80-1072.

United States Court of Appeals, Third Circuit.

Decided August 25, 1980.

Attorney(s) appearing for the Case

Clifford A. Rieders (argued), Stuart, Murphy, Smith, Mussina, Harris & Rieders, Williamsport, Pa., for appellants in 79-2483 and 79-2690.

Alice Daniel, Asst. Atty. Gen., Washington, D. C., Carlon M. O'Malley, Jr., U. S. Atty., Scranton, Pa., Freddi Lipstein (argued), William Kanter, Dept. of Justice, Civil Division, Washington, D. C., for United States of America, appellant in 80-1072.

Charles J. Tague, Jr. (argued), Kenneth D. Brown, Hager & Roesgen, Williamsport, Pa., for appellee, The Travelers Ins. Co.

C. Edward S. Mitchell (argued), Mitchell & Mitchell, Williamsport, Pa., for appellee, The National Mut. Ins. Co., Celina Group.

Joseph P. Mellody, Jr., Hourigan, Kluger & Spohrer, Civil Division, Wilkes-Barre, Pa., for amicus curiae Pa. Trial Lawyers Ass'n.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The Pennsylvania No-fault Motor Vehicle Insurance Act, Pa.Stat.Ann. tit. 40, §§ 1009.101-.701 (Purdon Supp. 1980), radically changed the legal liabilities of the state's automobile operators and their insurers. In this appeal, we conclude that one consequence of that legislation is to deny the federal government reimbursement for medical expenses incurred as a result of injuries received by a member of...

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