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RINCON BAND OF MISSION INDIANS v. HARRIS

No. 79-4256.

618 F.2d 569 (1980)

RINCON BAND OF MISSION INDIANS, et al., Plaintiffs-Appellees, v. Patricia HARRIS, Secretary of Health, Education and Welfare, et al., Defendants-Appellants. The PEOPLE OF the STATE OF CALIFORNIA ex rel. Obledo, et al., Plaintiffs in Intervention-Appellees, v. Patricia HARRIS, Secretary of Health, Education and Welfare, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 8, 1980.

Attorney(s) appearing for the Case

G. William Hunter, U. S. Atty., David E. Golay, Asst. U. S. Atty., San Francisco, Cal., Nancy B. Firestone, Washington, D.C., for defendants-appellants.

Barbara E. Karshmer, Escandido, Cal., for plaintiffs-appellees.

John J. Klee, Jr., Deputy Atty. Gen., San Francisco, Cal., for plaintiff in intervention.

Before TANG and FERGUSON, Circuit Judges, and CURTIS, District Judge.

FERGUSON, Circuit Judge:

This case presents the question of whether the distribution of federal funds by the Indian Health Service ("IHS") to California Indians violates the IHS's statutory, trust or constitutional duties. The district court granted the plaintiff-Indians' motion for summary judgment, declaring that the IHS's system for the allocation of its funds violated the California Indians' constitutional right to equal protection. Rincon Band of Mission Indians...

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