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LaBARON v. U.S.

No. 92-4019.

989 F.2d 425 (1993)

Elmer Leo LaBARON, Carol A. Christensen, Saundra Gardner Brown, Elnora Christensen Chandler, Bruce C. Hendricks, Dixie Christensen Malone, Christenia Hullinger, Earl S. Denver, Kent Denver, Geraldine Buckalew, Roberta L. Denver, and Susan Denver Gilbert, Plaintiffs-Appellants, v. UNITED STATES of America, and Louis W. Sullivan, Secretary of the United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 30, 1993.

Attorney(s) appearing for the Case

Kent A. Higgins, Idaho Falls, ID, for plaintiffs-appellants.

Andrew C. Mergen, Dept. of Justice (Roger Clegg, Acting Asst. Atty. Gen. and Edward J. Shawaker, Dept. of Justice, with him on the brief), Washington, DC, for defendants-appellees.

Before KELLY and SETH, Circuit Judges, and ALLEY, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Plaintiffs-appellants had received health services from an Indian Health Service (IHS) clinic since 1987. In early 1991, IHS announced and published its determination that the services had been provided to the Plaintiffs in error and its plan to terminate such services. According to IHS, Plaintiffs were "mixed-blood" Utes, not entitled to receive such services due to the Ute Termination Act of 1954.1

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