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GREENWOOD v. U.S.

No. 88-5522 Summary Calendar.

858 F.2d 1056 (1988)

Freda GREENWOOD and Peggy O'Leary, Individually and as Representatives of the Estate of William Greenwood, Deceased, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 27, 1988.

Attorney(s) appearing for the Case

John F. Paniszczyn, Asst. U.S. Atty., Helen Eversberg, U.S. Atty., San Antonio, Tex., for defendant-appellant.

Jeffrey C. Anderson, San Antonio, Tex., for plaintiffs-appellees.

Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges.

CLARK, Chief Judge:

This case concerns the method by which the United States may set-off death benefits payable to the widow of a veteran against a judgment under the Federal Tort Claims Act for negligently causing the veteran's death. We affirm the district court's decision limiting the government to withholding future payments pursuant to 38 U.S.C. § 410(b)(2).

I.

Colonel William Greenwood served in the United States Armed Forces for over...

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