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NATIONWIDE MUT. INS. CO. v. U.S.

No. 92-1069.

3 F.3d 1392 (1993)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 31, 1993.

Attorney(s) appearing for the Case

Fred P. Phillip, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, DC (Stuart M. Gerson, Asst. Atty. Gen., Michael J. Norton, U.S. Atty., and Mark B. Stern, Appellate Staff, Civ. Div., U.S. Dept. of Justice, on the brief), for defendant-appellant.

Gregory Hilgers, Arvada, CO, for plaintiff-appellee.

Before McKAY, Chief Judge, EBEL, Circuit Judge, and LEONARD, District Judge.

EBEL, Circuit Judge.

This case requires us to determine whether Nationwide Mutual Insurance Company ("Nationwide") may recover in subrogation from the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346, 2671 et seq., for benefits paid by Nationwide to its insured, Laura Mesch, who was injured in a motor vehicle collision resulting from the negligent operation of a United States Postal Service vehicle.

Applying the FTCA in...

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