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SHOSHONE-BANNOCK TRIBES v. SECRETARY, DEPT. OF HEALTH & HUMAN

Nos. 98-36022, 99-35951.

279 F.3d 660 (2002)

SHOSHONE-BANNOCK TRIBES OF the FORT HALL RESERVATION, Plaintiff-Appellee, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Tommy G. Thompson; Indian Health Services, United States Department of Health & Human Services; Michael H. Trujillo, Director of Indian Health Service, United States Department of Health & 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 & Human Services, Defendants-Appellants. Shoshone-Bannock Tribes of the Fort Hall Reservation, Plaintiff-Appellee, v. Secretary, Department of Health and Human Services, Tommy G. Thompson; Indian Health Services, United States Department of Health & Human Services; Michael H. Trujillo, Director of Indian Health Service, United States Department of Health & 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 & Human Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2001.

Amended February 4, 2002.

Attorney(s) appearing for the Case

Jeffrica Jenkins Lee, Department of Justice, Washington, DC, for the appellants.

Lloyd Benton Miller, Sonosky, Chambers, Sachse, Miller & Munson, Anchorage, AK, for the appellees.

Before: KOZINSKI and KLEINFELD, Circuit Judges, and SCHWARZER, District Judge.

ORDER

The Opinion filed on October 16, 2001, is amended as follows:

At page 14687 [269 F.3d 948, 955], lines 25-26, replace the sentence "There is no occasion, in this case, for application of the rule interpreting ambiguities in favor of the Indians." with "We need not decide whether the canon of construction for construing ambiguities in favor of Indians would apply in this case."

At page 14687 [269 F.3d at 955...

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