Smith v. Travelers Indemnity Co.

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 and doctors on behalf of Earl Smith. On the Smith’s motion, the court dismissed the United States as defendant. The United States and…