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U.S. v. TRAMMEL

No. 88-6241.

899 F.2d 1483 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas TRAMMEL, Defendant-Appellee, Motorists Mutual Insurance Company, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1990.

Rehearing and Rehearing Denied June 12, 1990.

Attorney(s) appearing for the Case

David Y. Olinger, Jr., Asst. U.S. Atty., Louis DeFalaise, U.S. Atty., Lexington, Ky., Freddi Lipstein, U.S. Dept. of Justice, Appellate Section, Joan E. Hartman (argued), U.S. Dept. of Justice, Civ. Div., Washington, D.C., for plaintiff-appellant.

Robert L. Milby, Hamm, Milby, & Ridings, London, Ky., Tim Lavender (argued), Whitley City, Ky., for defendant-appellee.

Before JONES and NORRIS, Circuit Judges, and McQUADE, District Judge.

Rehearing and Rehearing En Banc Denied June 12, 1990.

ALAN E. NORRIS, Circuit Judge.

The government appeals from an order of summary judgment denying its claim under the Federal Medical Care Recovery Act ("FMCRA"), 42 U.S.C. §§ 2651-2653. The district court concluded that, under the facts of this case, the government's FMCRA rights are effectively abrogated by Kentucky's no-fault insurance statute. On appeal, we are asked to determine the extent...

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