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U.S. v. STATE OF MD.

No. 89-1848.

914 F.2d 551 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. STATE OF MARYLAND; Criminal Injuries Compensation Board of Maryland, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1990.

Attorney(s) appearing for the Case

Deborah Ruth Kant, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Breckinridge L. Willcox, U.S. Atty., Baltimore, Md., on brief), for plaintiff-appellant.

Carole Jean Messerschmidt, Asst. Atty. Gen., Baltimore, Md., argued (J. Joseph Curran, Jr., Atty. Gen., Dennis M. Sweeney, Deputy Atty. Gen., George A. Eichhorn, III, Asst. Atty. Gen., Baltimore, Md., on brief), for defendants-appellees.

Before CHAPMAN and WILKINSON, Circuit Judges, and J.F. ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

WILKINSON, Circuit Judge:

In this case Maryland's Criminal Injuries Compensation Act was applied to deny reimbursement to the Department of Veterans Affairs for free medical services rendered two veterans. We must determine whether this denial operated to discriminate against the federal government in violation of 38 U.S.C. § 629. The Maryland statute provides that if a crime victim would face "serious financial hardship" if not reimbursed for the cost of medical...

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