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OSTROWSKI v. UNITED STATES DEPT. OF LABOR, OFFICE

No. 79-1667.

653 F.2d 229 (1981)

Edward W. OSTROWSKI, et al., Plaintiffs-Appellants, v. The UNITED STATES DEPARTMENT OF LABOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 2, 1981.

Attorney(s) appearing for the Case

Ferdinand M. Peters, Koperski & Peters, Warren, Mich., for plaintiffs-appellants.

James K. Robinson, U. S. Atty., Henry J. Maher, Plunkett, Coomey, Rutt, Watters, Stanczyk & Pedersen, David Wightman, U. S. Department of Labor, Thomas M. Woods, Asst. U. S. Atty., Special Litigation Section, Detroit, Mich., Frederic D. Cohen, Attorney, Appellate Staff, William Kanter, Freddi Lipstein, Civil Division, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before EDWARDS, Chief Judge, and KENNEDY, Circuit Judge and HORTON, District Judge.

PER CURIAM.

Plaintiffs in this case appeal from a judgment requiring them to reimburse the Federal Employees' Compensation Fund out of damages previously awarded to them in a state court tort action against third parties.

In 1973, Michigan adopted a "no fault" automobile insurance system which limited these plaintiffs to recovery for noneconomic losses (such as pain and suffering) in their suit against third...

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