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ZARR v. BARLOW

No. 85-2170.

800 F.2d 1484 (1986)

Diane ZARR, Plaintiff/Appellant, v. Earl BARLOW, Director, Office of Indian Education Programs, Bureau of Indian Affairs, et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

Stephen V. Quesenberry, California Indian Legal Services, Ukiah, Cal., for plaintiff/appellant.

John T. Stahr, Dept. of Justice, Washington, D.C., for defendants/appellees.

Before SCHROEDER, CANBY, and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

Diane Zarr is an enrolled member of the Sherwood Valley Band of Pomo Indians, a federally recognized Indian tribe.1 She is certified by the Bureau of Indian Affairs ("BIA" or "the government") as having 7/32 d degree Indian blood. She applied to the BIA for Indian higher education grants, but her application was denied because she does not meet the eligibility criterion under 25 C.F.R. § 40.1 (1986), which...

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