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WHITE v. CALIFANO

Nos. 77-1877, 77-1895.

581 F.2d 697 (1978)

Georgia WHITE, as Guardian ad Litem for Florence Red Dog, an Incompetent Person, et al., Appellees, v. Joseph CALIFANO, Jr., etc., et al., Appellants. Georgia WHITE, as Guardian ad Litem for Florence Red Dog, an Incompetent Person, Appellant, v. Joseph CALIFANO, Jr., etc., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1978.

Rehearing Denied August 22, 1978.

Attorney(s) appearing for the Case

Miriam R. Eisenstein, Atty., Dept. of Justice, Washington, D.C. (argued), David Vrooman, U.S. Atty., Sioux Falls, S.D., Drew S. Days, III, Asst. Atty. Gen., and Walter W. Barnett, Atty., Washington, D.C., on brief for appellant, Dept. of Justice.

Anita Remerowski, South Dakota Legal Services, Mission, S.D. (argued), and Terry Pechota, Mission, S.D., on brief for appellee, Georgia White.

Mark V. Meierhenry, Vermillion, S.D. (argued), and William J. Janklow, Atty. Gen., Pierre, S.D., on brief, for appellee, Kneip.

Mario Gonzalez, Martin, S.D., on brief of amicus curiae, Oglala Sioux Indian Tribe.

Before GIBSON, Chief Judge, and HEANEY and BRIGHT, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 22, 1978.

PER CURIAM.

This case presents the question whether the United States or the State of South Dakota must pay for emergency inpatient mental health care provided to Florence Red Dog, an indigent member of the Oglala Sioux Tribe residing on the Pine Ridge Indian Reservation in South Dakota. Because of severe mental illness, Ms. Red Dog was involuntarily hospitalized at the South Dakota Human Services Center...

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