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VIGIL v. RHOADES

No. 90-2235.

953 F.2d 1225 (1992)

Grover VIGIL, Charlene Vigil, as General Guardians and Next Friends for Ashley Vigil, a minor person, Kee Sandoval, Judy Sandoval, as General Guardians and Next Friends for Kristofferson Sandoval, a minor person, Angela Allen, as General Guardian and Next Friend for Angelo Allen, a minor person, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. Everett R. RHOADES, M.D., Director of the Indian Health Service, his agents, employees, and successors, Otis R. Bowen, Secretary of the Department of Health and Human Services, his agents, employees, and successors, the Department of Health and Human Services, Donald O. Hodel, Secretary of the Department of the Interior, his agents, employees, and successors, Ross Swimmer, Assistant Secretary of the Interior-Indian Affairs, Bureau of Indian Affairs, United States Department of the Interior, United States of America, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 15, 1992.

Attorney(s) appearing for the Case

Joel R. Jasperse, Northern New Mexico Legal Services, Gallup, N.M., for plaintiffs-appellees.

Andrew C. Mergen, Atty., Environmental and Natural Resources Div., Dept. of Justice, Washington, D.C. (Richard B. Stewart, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., William L. Lutz, U.S. Atty., Ronald F. Ross, Raymond Hamilton, Asst. U.S. Attys., Albuquerque, N.M., John A. Bryson, Attorney, Environmental and Natural Resources Div., Dept. of Justice, Washington, D.C., Duke McCloud, Attorney, Dept. of Health and Human Services, Rockville, Md., Duard R. Barnes, Asst. Sol., Dept. of the Interior, Washington, D.C., with him on the brief), for defendants-appellants.

Before SEYMOUR, BARRETT and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

The government appeals from the district court's grant of summary judgment in favor of the Plaintiffs-appellees, a certified class of handicapped Indian children who have received or will be eligible to receive clinical services from the Indian Health Service (IHS) pursuant to the Indian Children's Project (Project). The IHS is an agency within the Department of Health and Human Services. It began the Project in the late 1970's in conjunction...

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