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SHOSHONE-BANNOCK TRIBES OF FORT HALL v. SHALALA

No. CV-96-459-ST.

999 F.Supp. 1395 (1998)

SHOSHONE-BANNOCK TRIBES OF THE FORT HALL RESERVATION, Plaintiff, v. Donna E. SHALALA, Secretary of the United States Health and Human Services; Michael H. Turjillo, Director of the Indian Health Service, United States Department of Health and Human Services, Douglas Black, Director of Office of Tribal Activities, Indian Health Service; James R. Floyd, Portland Area Director, Indian Health Service, United States Department of Health and Human Services, Defendants.

United States District Court, D. Oregon.

February 18, 1998.

Attorney(s) appearing for the Case

Lori Irish Bauman, Ater Wynne Hewitt Dodson & Skerritt, Portland, OR, Lloyd Benton Miller, James E. Glaze, Sonosky Chambers Sachse Miller & Munson PC, Anchorage, AK, for Plaintiff.

Kristine Olson, U.S. Attorney's Office, Portland, OR, Daniel Bensing, U.S. Dept. of Justice, Civil Div., Washington, DC, Sheila M. Lieber, U.S. Dept. of Justice, Civil Div.Fed. Prog. Branch, Washington, DC, for Defendants.

OPINION

STEWART, United States Magistrate Judge.

Plaintiff moves for reconsideration or clarification of the portion of this Court's Order dated December 12, 1997, which denied plaintiffs summary judgment motion as to defendants' liability on the Ninth and Tenth Claims. For the reasons set forth below, that motion is granted.

The Ninth and Tenth claims allege that defendants unlawfully failed to pay plaintiff its contract Support costs ("CSC") in...

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