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WATERS v. FARMERS TEXAS COUNTY MUT. INS. CO.

No. 92-2789.

9 F.3d 397 (1993)

Billy Albert WATERS, Sr., BNF, et al., Plaintiffs, Gerald (Owens) King, a minor child by and through his next friend, Diane Owens, Plaintiffs-Appellants, v. FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY, Defendant, Donna E. Shalala, Secretary of U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 16, 1993.

Attorney(s) appearing for the Case

Robert T. Wallace, Houston, TX, for plaintiffs-appellants.

Mark S. Kennedy, Asst. Regional Counsel, and Kermit Fonteno, Dallas, TX, Lawrence D. Finder, U.S. Atty., Samuel G. Longoria, Asst. U.S. Atty., Houston, TX, for defendant-appellee.

Before JONES and DeMOSS, Circuit Judges and KAZEN, District Judge.

EDITH H. JONES, Circuit Judge:

Gerald Owens King, by and through his next friend, Diane Owens ("appellant"), appeals the district court's summary judgment in favor of the Secretary of the United States Department of Health and Human Services ("the government"), 797 F.Supp. 575. The district court held that the government is entitled by statute to receive Medicare reimbursement from a private insurance carrier in an amount greater...

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