United States v. Robert Alfred St. Thomas, M.D.
Opinion
Opinion
Noonan, J.
The United States filed a claim asserting that Robert Alfred St. Thomas was indebted to it in the amount of $163,140.05, representing “Health Education Assistance Loans,” as evidenced by an attached “Certificate of Indebtedness.” The certificate, signed by a claims agent in the Public Health Service, set forth certain facts as to federal scholarship aid to St. Thomas and his asserted breach of contract in regard to them leading to the alleged indebtedness. St. Thomas denied the debt and urged affirmative defenses including laches and es-toppel. The district court gave summary judgment for the United States. We now affirm in part, reverse in part and remand.
FACTS
In 1977 St. Thomas was a student of Meharry Medical College in Nashville, Tennessee. On August 11, 1977 he received a scholarship award of $11,181.25 for the period July 1, 1977 to June 30, 1978. The scholarship award was by the Public Health and National Health Service Corps (PH/NHSC) under Public Law 92-585, 86 Stat. 1290-1295 (1972).
St. Thomas signed an agreement accepting the award, one condition of which was that he agreed “to fulfill the service obligation” as specified by the Public Health Service Act and the…