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SMITH v. TRAVELERS INDEM. CO.

No. 84-382-CIV-ORL-18.

763 F.Supp. 554 (1989)

Earl SMITH and Louise Smith, Plaintiffs, v. TRAVELERS INDEMNITY COMPANY, Midwestern Indemnity Company, etc., et al., Defendants.

United States District Court, M.D. Florida, Orlando Division.

September 19, 1989.

Attorney(s) appearing for the Case

Paul Bernardini, Daytona Beach, Fla., for plaintiffs.

J. Richard Boehm, C. Chobee Ebbets, Daytona Beach, Fla., and Warren A. Zimmerman, Asst. U.S. Atty., Orlando, Fla., for defendants.

ORDER

G. KENDALL SHARP, District Judge.

This action is before the court on cross motions for summary judgment. The Smiths originally sued the United States in state court for a declaratory judgment regarding the disposition of Medicare payments the United States made in Earl Smith's behalf. The United States removed the action to federal court, where it filed a cross-claim and counterclaim seeking reimbursement of the Medicare payments paid to various hospitals...

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