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RUNYON EX REL. B.R. v. AVCP

Nos. S-10772, S-10838.

84 P.3d 437 (2004)

Tom RUNYON and Laura Runyon, as parents and next friend of B.R., a minor child, Appellants, v. ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS and Mary Kilbuck, Appellees. Evan Nick and Stella Wassilie, as parents and next friend of J.N., a minor child, Appellants, v. Association of Village Council Presidents, Appellee.

Supreme Court of Alaska.

January 30, 2004.

Attorney(s) appearing for the Case

David Henderson, Law Offices of David Henderson, Bethel, and Charles E. Cole, Law Offices of Charles E. Cole, Fairbanks, for Appellants.

Patrick J. McKay, Law Offices of Patrick J. McKay, Anchorage, for Appellees.

Robert K. Stewart, Jr., Davis Wright Tremaine LLP, Anchorage, and Geoffrey D. Strommer, Hobbs, Straus, Dean & Walker, LLP, Portland, Oregon, for Amicus Curiae Bristol Bay Area Health Corporation.

Heather Kendall Miller, Native American Rights Fund, Anchorage, and Lloyd Miller, Sonosky, Chambers, Sachse, Miller & Munson, Anchorage, for Amicus Curiae Alaska Inter-Tribal Council.

William S. Cummings, Ashburn & Mason, Anchorage, for Amicus Curiae Alaska Academy of Trial Lawyers.

Donald Craig Mitchell, Anchorage, for Amicus Curiae Legislative Council of the Alaska Legislature.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

The Association of Village Council Presidents ("AVCP" or "the Association") is a nonprofit Alaska corporation consisting of fifty-six Alaska Native villages in the Bethel area, each a federally recognized tribe. It provides a variety of social services, including a Head Start program. The parents of two students in the program brought tort actions against AVCP after their children suffered injuries...

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