United States v. James L. Shanks

BREITENSTEIN, Circuit Judge.

The United States sued to recover the value of Veterans’ Administration (V.A.) hospital care furnished to appellee-defendant Shanks. The trial court sustained a motion to dismiss the complaint and this appeal followed.

The complaint as originally filed alleged that on three occasions the defendant executed an oath asserting inability to pay the costs of, and received without charge, medical and other services at the Denver V.A. hospital when he was financially able to pay for such services. In dismissing the complaint the trial court held that the action could not…