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NAVAJO NATION v. DEPT., HEALTH & HUMAN SERVICES

No. 99-16129.

325 F.3d 1133 (2003)

NAVAJO NATION, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Secretary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed April 8, 2002.

Rehearing Granted October 2, 2002.

Argued and Submitted December 9, 2002.

Filed April 8, 2003.

Attorney(s) appearing for the Case

Thomas W. Christie, Navajo Nation Department of Justice, Window Rock, Navajo Nation, AZ, for the plaintiff-appellant.

Barbara C. Biddle, John S. Koppel, Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee.

Before SCHROEDER, Chief Judge, B. FLETCHER, TROTT, RYMER, THOMAS, GRABER, McKEOWN, McLANE WARDLAW, GOULD, BERZON, and CLIFTON, Circuit Judges.

Panel Opinion Filed April 8, 2002.

Rehearing En Banc Granted October 2, 2002.

Argued and Submitted En Banc December 9, 2002.

OPINION

McKEOWN, Circuit Judge.

This appeal focuses on the interplay between two federal statutes: Temporary Assistance for Needy Families ("TANF") and the Indian Self-Determination and Education Assistance Act ("ISDEAA"). The specific question we address is whether an Indian tribe may administer TANF, a welfare...

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