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LEWIS v. WEINBERGER

Civ. Nos. 74-524-b, 74-526-B.

415 F.Supp. 652 (1976)

Arthur LEWIS, Plaintiff, v. Caspar WEINBERGER, Secretary of Hew, et al., Defendants. Gwendolyn LEWIS, Plaintiff, v. Caspar WEINBERGER, Secretary of Hew, et al., Defendants.

United States District Court, D. New Mexico.

May 27, 1976.

Attorney(s) appearing for the Case

Thomas E. Luebben, Jr., Native American Legal Defense & Ed. Fund, Inc., Albuquerque, N.M., for plaintiffs.

Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N.M., for defendants.

AMENDED MEMORANDUM OPINION

BRATTON, District Judge.

This action is brought to challenge the validity of the procedure by which the Indian Health Service (IHS) distributes contract medical care. Specifically, plaintiffs attack the IHS policy and practice, as followed in the Albuquerque Area, of denying contract medical care to off-reservation Indians.

The expenditure of federal funds for the conservation of Indian health is authorized by the Snyder...

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