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McNABB v. BOWEN

No. 86-3711.

829 F.2d 787 (1987)

Pamela Keller McNABB, as Guardian Ad Litem for James McNABB, a minor person, Plaintiff-Appellee, v. Otis R. BOWEN, Defendant-Appellant, Roosevelt County; Roosevelt County Board of Commissioners, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1987.

Attorney(s) appearing for the Case

John F. Cordes and Irene M. Solet, Washington, D.C., for defendant-appellant.

Steven L. Bunch, Helena, Mont., for plaintiff-appellee.

Richard A. Weber, Jr., Hamilton, Mont., for defendants-appellees.

Steven C. Moore, Boulder, Colo., for amici curiae Nat. Indian Health Bd. and Denver Indian Health Bd.

Logan T. Johnson, Phoenix, Ariz., for amicus curiae Arizona Health Care Cost Containment System.

Before SNEED and HALL, Circuit Judges, and AGUILAR, District judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

We have before us an indigent Indian child, James McNabb, and his mother, Pamela, who ask us to decide who is responsible for the child's health care bills. They are the victims of a tragic paradox: the Indian Health Service (IHS) and Roosevelt County (County) do not deny responsibility for James' health care, although neither will accept it. Both the IHS and the county justify this abdication of responsibility by insisting that...

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