United States v. Joseph M. Haynes and Allstate Insurance Company

CLARK, Circuit Judge:

This action, brought by the United States of America under the provisions of the Medical Care Expense Recovery Act, 42 U.S.C.A. § 2651 et seq., sought to recover for certain medical services which it was statutorily obligated to render. Since we determine that the Louisiana law which grants the cause of action for the recovery of medical expenses exclusively and solely to the community and therefore to the husband as its master, is a procedural device which has nothing to do with whether the circumstances surrounding the injury create a tort liability, we reverse the…