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UNITED STATES v. ROGERS

No. 80-7777.

658 F.2d 296 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Dianne ROGERS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

October 5, 1981.

Attorney(s) appearing for the Case

William L. Skinner, Decatur, Ga., for defendant-appellant.

Kathie G. McClure, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GEWIN, RONEY and HATCHETT, Circuit Judges.

RONEY, Circuit Judge:

Defendant Dianne Rogers, a railroad employee, received benefits pursuant to the Railroad Unemployment Insurance Act, 45 U.S.C.A. § 351 et seq., for injuries arising out of an automobile accident. She later recovered damages from the other driver. The issue on appeal is whether the Railroad Retirement Board is entitled to reimbursement from defendant's third party recovery even though state law permitted her to recover for pain and...

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