PRESTON v. HECKLER

Nos. 83-3732, 83-3809 and 83-3844.

734 F.2d 1359 (1984)

Lillian N. PRESTON, for herself and all others similarly situated, Plaintiff-Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, et al., Defendants-Appellants. Lillian N. PRESTON, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary of United States Department of Health and Human Services, et al., Defendants-Appellants. Lillian PRESTON, for herself and all others similarly situated, Plaintiffs-Appellants, v. Margaret HECKLER, Secretary of Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 7, 1984.


Attorney(s) appearing for the Case

William B. Schendel, Daniel L. Callahan, Fairbanks, Alaska, for plaintiff-appellee.

Marleigh D. Dover, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Before SNEED, NELSON, and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

The district court held that the Secretary of the Department of Health and Human Services failed to comply with the Indian Preference Act (section 12 of the Indian Reorganization Act, ch. 576, 48 Stat. 986 (1934)). In so holding, the district court concluded that the Act requires the Secretary to adopt standards for evaluating the qualifications of Indians for employment in the Indian Health Service...

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