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NATIONAL INDIAN YOUTH COUN., INT. IND. SCH. CHAP. v. BRUCE

No. 73-1168.

485 F.2d 97 (1973)

NATIONAL INDIAN YOUTH COUNCIL, INTERMOUNTAIN INDIAN SCHOOL CHAPTER, an unincorporated Association, et al., Plaintiffs-Appellants, v. Louis R. BRUCE et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 26, 1973.

Attorney(s) appearing for the Case

Richard L. Young, Native American Legal Defense & Education Fund, Inc., Albuquerque, N. M., for plaintiffs-appellants.

Robert L. Klarquist, Dept. of Justice, Washington, D. C. (George R. Hyde, Dept. of Justice, Washington, D. C., C. Nelson Day, U. S. Atty., H. Ralph Klemm, Asst. U. S. Atty., Wallace H. Johnson, Asst. Atty. Gen., Salt Lake City, Utah, on the brief), for defendants-appellees.

Before BARNES, BREITENSTEIN and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Plaintiffs below appeal from the dismissal of their amended complaint wherein they sought to close Intermountain School, a Navajo boarding school located in Brigham City, Utah, operated by the Bureau of Indian Affairs (BIA) of the Department of the Interior.

Appellant National Indian Youth Council (NIYC), Intermountain School Chapter, was organized on January 28, 1971. It is a member of a national non-profit corporation with chapters...

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