United States v. Gary D. Hatcher

Good Law
108 A.L.R. Fed. 299·91 Daily Journal DAR 313·922 F.2d 1402·1991 WL 591·1991 U.S. App. LEXIS 89
United States Court of Appeals for the Ninth CircuitJanuary 8, 199189-55922California4,841 words

Opinion

Opinion

Trott, J.

Gary D. Hatcher appeals a summary judgment in which the district court found the United States was entitled to stipulated losses resulting from Hatcher’s breach of a government-awarded scholarship agreement. United States v. Hatcher, 716 F.Supp. 447 (S.D.Cal.1989). Hatcher makes three claims on appeal, each of which lacks merit. We affirm.

I

Facts and Proceedings Below

A thorough statement of the facts appears in the district court’s published opinion. Id. at 447-49 . Our discussion of the facts is therefore abridged.

In 1976 Congress enacted the National Health Service Corps (“NHSC”) Scholarship Program. See Pub.L. No. 94-484, 90 Stat. 2270 (1976) (codified as amended at 42 U.S.C. §§ 254d-254q (1988)). The program was designed to “address the maldistribution of health care manpower in the United States.” Rendleman v. Bowen, 860 F.2d 1537, 1539 (9th Cir.1988). Under the program, the NHSC grants eligible medical students scholarships covering their educational costs and living expenses. 42 U.S.C. § 254Z (g) (1988). In return, the students sign a written contract promising to serve in a Health Manpower Shortage Area (“HMSA”) for a term equal in duration to the number of years…

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