VIGIL v. ANDRUS

No. 79-1930.

667 F.2d 931 (1982)

Evelyn VIGIL, a minor, by Ignacio Vigil, Father and Next Friend; Theresa Catheryn Abeyta, a minor, by Sefarina Abeyta, Mother and Next Friend; Sheila Abeyta, a minor, by Edward Abeyta, Father and Next Friend; Curtis Sandoval, a minor, by John Sandoval, Father and Next Friend; Shelly Archuleta, a minor, by Cesarita Archuleta, Mother and Next Friend; Janice Simbola, a minor, by Nelson Simbola, Father and Next Friend; John Martinez, a minor, by Pat Martinez, Father and Next Friend; and Leonard J. De Layo, Superintendent of Education of the State of New Mexico, Plaintiffs-Appellants, Kathy Buurma, a minor, by Clarence Buurma, Father and Next Friend; Alvera Lester, a minor, by Jerry Lester, Father and Next Friend; Mike Rocha, a minor, by Clarice Rocha, Mother and Next Friend; and Mescalero Apache Tribe, Plaintiffs-Intervenors-Appellants-Intervenors, v. The Honorable Cecil B. ANDRUS, Secretary of Interior of the United States of America; The Honorable Morris P. Thompson, Commissioner of Indian Affairs of the Bureau of Indian Affairs of the Department of the Interior; the Honorable John Knebel, Acting Secretary of Agriculture of the United States, and W. F. Warren, Regional Director of the Department of Agriculture of the United States of America, or their successors in office; The Bureau of Indian Affairs; the Department of Agriculture; and the Department of Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 4, 1982.


Attorney(s) appearing for the Case

L. Lamar Parrish of Ussery, Burciaga & Parrish, Albuquerque, N. M., for plaintiffs-appellants Evelyn Vigil and other minors.

Robert N. Hilgendorf, Asst. Atty. Gen. of the State of N. M., Santa Fe, N. M., (Jeff Bingaman, Atty. Gen. of the State of New Mexico, Santa Fe, N. M., with him on the brief), for plaintiff-appellant Leonard J. De Layo.

Kim Jerome Gottschalk, Alamogordo, N. M., (George E. Fettinger, Alamogordo, N. M., with him on the brief), Fettinger & Bloom, Alamogordo, N. M., for plaintiffs-intervenors, appellants-intervenors.

James C. Kilbourne, Atty., Dept. of Justice, Washington, D. C., (James W. Moorman, Asst. Atty. Gen., Anne S. Almy, Atty., Dept. of Justice, Washington, D. C., R. E. Thompson, U. S. Atty., Ruth C. Streeter, Asst. U. S. Atty., Albuquerque, N. M., with him on the brief), for defendants-appellees.

Anthony F. Little, Indian Pueblo Legal Services, Inc., Bernalillo, N. M., filed an amicus curiae brief for Santo Domingo Pueblo.

Before SETH, Chief Judge, and HOLLOWAY and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

The Mescalero Apache Tribe, several Pueblo and Mescalero Apache school children, and the Superintendent of Education of the State of New Mexico appeal the district court's refusal to enjoin the federal government from discontinuing a program that provided free lunches to all Indian children attending New Mexico public schools. The Bureau of Indian Affairs (BIA) had transferred responsibility for providing free lunches to the United States Department...

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