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MEYERS v. BD. OF EDUC. OF SAN JUAN

No. 93-C-1080J.

905 F.Supp. 1544 (1995)

Lynette MEYERS, By and Through her natural mother and general guardian Lena MEYERS, Lena Meyers; Melvin Holgate and Eugene Holgate, by and through their natural father, Jamie R. Holgate; Leonardo Bob Manheimer, by and through his natural parents, Leo Manheimer and Sara Manheimer; Lenora Manheimer; Rosita Johnson, by and through her natural father, Robert Johnson; and The Navajo Nation, Plaintiffs, v. BOARD OF EDUCATION OF the SAN JUAN SCHOOL DISTRICT, Preston Nielson, Bill Todachennie, Neal Crank, Paul Mantz, Pete Black, Defendants.

United States District Court, D. Utah, Central Division.

April 7, 1995.

Attorney(s) appearing for the Case

Eric P. Swenson, Monticello, Utah, and Sarah A. Krakoff, DNA-People's Legal Services, Inc., Tuba City, Arizona, for individual plaintiffs.

Herbert Yazzie and Steven C. Boos, Navajo Nation Department of Justice, Window Rock, Arizona, for plaintiff Navajo Nation.

Scott M. Matheson, Jr., U.S. Attorney, Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, Utah, and Lawrence R. Baca, U.S. Dep't of Justice, Washington, D.C., for plaintiff-intervenor United States of America.

Brinton R. Burbidge, Von G. Keetch, Randy T. Austin, Kirton & McConkie, Salt Lake City, Utah, for defendants.

Jan Graham, Attorney General, William T. Evand and John S. McAllister, Assistant Attorneys General, Salt Lake City, Utah, for Utah State Board of Education and State Superintendent of Public Instruction.

MEMORANDUM OPINION AND ORDER

JENKINS, Senior District Judge.

This action involves the right of Native Americans living on a remote part of the Navajo Indian Reservation to a free public education. The parties do not dispute that the plaintiffs are entitled to such an education. They only dispute who is responsible for providing it. For the reasons stated below, the court concludes that each of the governmental entities involved in this case has an obligation...

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