IRON CLOUD v. SULLIVAN

Nos. 92-1795, 92-2772.

984 F.2d 241 (1993)

Emily IRON CLOUD, on her own behalf and as guardian of Jeremy Iron Cloud and Mark Iron Cloud; Phyllis Wilcox, on her own behalf and as guardian of Valene Pretends Eagle, Corrina Langdeaux, Heath Pretends Eagle, Jaylene Pretends Eagle, and Howard Pretends Eagle, Jr.; Daniel Defender, on his own behalf and as guardian of Quddus Defender, Honoreta Defender, Ruby Ramsey, and Dale Ramsey; Clara Bush, on her own behalf and as guardian of Charles Comes Killing and Eve Comes Killing; Native Resource Coalition; Advocates for Human and Civil Rights, on behalf of themselves and all others similarly situated, Appellants, v. Louis W. SULLIVAN, Secretary, United States Department of Health and Human Services; Everett R. Rhoades, Director, Indian Health Service; Terrence W. Sloan, Director, Aberdeen Area Indian Health Service Area Officer; William G. Letson, Director, Hepatitis A Prevention Program, Aberdeen Area Indian Health Service; William L. Roper, Director, Centers for Disease Control; David Kessler, Commissioner, Food and Drug Administration; David J. Matheson, Deputy Commissioner of Indian Affairs, Bureau of Indian Affairs, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 15, 1993.


Attorney(s) appearing for the Case

Matthew J. Chachere, New York City, and Bruce Ellison, Rapid City, SD, for appellants.

Robert Mandel, Rapid City, SD (Kevin V. Schieffer and Edith Blackwell, on brief), for appellees.

Before BOWMAN, Circuit Judge, LAY, Senior Circuit Judge, and LOKEN, Circuit Judge.


BOWMAN, Circuit Judge.

These consolidated appeals are from District Court1 orders denying preliminary injunctive relief and class certification, and dismissing appellants' complaint for failure to exhaust administrative remedies. We hold that the action is moot, as contended by appellees (collectively, the government), and dismiss the appeals.

On February 19, 1992, the appellants sought a temporary restraining order and a preliminary...

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