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PRESTON v. SCHWEIKER

No. F80-039 CIV.

555 F.Supp. 886 (1983)

Lillian N. PRESTON, for herself and all others similarly situated, Plaintiffs, v. Richard SCHWEIKER, in his official capacity as Secretary of the United States Department of Health and Human Services and The United States Department of Health and Human Services, Defendants.

United States District Court, D. Alaska, Fairbanks Division.

January 27, 1983.

Attorney(s) appearing for the Case

Daniel L. Callahan, Schendel Law Office, Fairbanks, Alaska, for plaintiffs.

Michael G. Spaan, U.S. Atty., Anchorage, Alaska, Paul Blankenstein, Mary E. Goetten, Dept. of Justice, Civil Division, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

VON DER HEYDT, District Judge.

THIS CAUSE comes before the court on defendants' motion to dismiss and plaintiff's motion for summary judgment. Jurisdiction exists pursuant to 28 U.S.C. § 1331(a), 1343(4) and 42 U.S.C. § 2000e-5(f)(3).

I. FACTS

Plaintiff Lillian Preston is an Alaska Native who has been employed by the Indian Health Service (IHS) in Fairbanks, Alaska...

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