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UNITED STATES v. ALLSTATE INS. CO.

Nos. M80-12CA2, G80-818CA7.

573 F.Supp. 142 (1983)

UNITED STATES of America, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Thomas D. Balthazore, and Joyce Balthazore, Defendants. UNITED STATES of America, Plaintiff, v. R & D TRANSPORTATION, INC., Joseph H. Whitaker, and Detroit Automobile Inter-Insurance Exchange, Defendants.

United States District Court, W.D. Michigan, S.D.

June 21, 1983.

Attorney(s) appearing for the Case

James S. Brady by Robert Green, Grand Rapids, Mich., for plaintiff.

James R. Nelson, Nelson & Kreuger, Grand Rapids, Mich., for defendants in No. M80-12CA.

William J. Hipkiss, Muskegon, Mich., for defendant DAIIE.

Paul Jensen, Baxter & Hammond, Grand Rapids, Mich., for defendants R & D and Whitaker.

OPINION AND ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

MILES, Chief Judge.

These two cases were consolidated by stipulation for the purpose of hearing and resolving common issues of law only. Each defendant has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. They contend that the United States has no right of recovery against them under the Medical Care Recovery Act (MCRA), 42 U.S.C. § 2651, et seq....

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