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HOTVELA TRADITIONAL ELDERS v. INDIAN HEALTH SERV.

No. CIV-95-2616-PCT-SMM.

1 F.Supp.2d 1022 (1997)

VILLAGE OF HOTVELA TRADITIONAL ELDERS; et al., Plaintiffs, v. INDIAN HEALTH SERVICES; et al., Defendants.

United States District Court, D. Arizona.

March 13, 1997.

Attorney(s) appearing for the Case

Howard Marc Shanker, Phoenix, AZ, Tamera Crites Shanker, Tempe, AZ, for Dan Evehema, Martin Gashweseoma, Emery Holmes, Sr.

John Robert Mayfield, Phoenix, AZ, for Indian Health Services, Don Davis, Environmental Protection Agency, Felicia Marcus, Bureau of Indian Affairs, Walter Mills, BIA, Robert Carolin, BIA.

Anthony S Canty, Kykotsmovi, AZ, for The Hopi Tribal Council, Ferrell H Secakuku.

MEMORANDUM OF DECISION AND ORDER

McNAMEE, District Judge.

This matter is before the court on Motions to Dismiss pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction, Fed. R.Civ.P. 12(b)(7) for failure to join an indispensable party, as required by Fed.R.Civ.P. 19, and Fed.R.Civ.P. 12(b)(6) for failure to state a claim. The Court has considered all pleadings, memoranda, materials and relevant law.

I. BACKGROUND

Plaintiffs...

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