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UNITED STATES v. DAIRYLAND INS. CO.

No. 81-1655, 81-1690.

674 F.2d 750 (1982)

UNITED STATES of America, Appellee/Cross-Appellant, v. DAIRYLAND INSURANCE COMPANY, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1982.

Attorney(s) appearing for the Case

James R. Britton, U. S. Atty., Lynn E. Crooks, Asst. U. S. Atty., Fargo, N. D., for appellee/cross-appellant.

Carlton J. Hunke, Jane C. Heinley, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N. D., for appellant/cross-appellee.

Before LAY and McMILLIAN, District Judges and, COLLINSON, Senior District Judge.

COLLINSON, Senior District Judge.

Two airmen stationed at the Grand Forks Air Base near Grand Forks, North Dakota, were injured in an automobile accident on December 8, 1977. Both received a substantial amount of medical care. The United States paid their medical expenses pursuant to Title 10, U.S.C., § 1074, which requires the United States to furnish medical care to members of the armed forces injured while on active duty.

One of the injured servicemen...

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