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MARCEAU v. BLACKFEET HOUSING AUTHORITY

No. 04-35210.

455 F.3d 974 (2006)

Martin MARCEAU; Candice Lamott; Julie Rattler; Joseph Rattler, Jr.; John G. Edwards; Mary J. Grant; Gray Grant; Deana Mountain Chief, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. BLACKFEET HOUSING AUTHORITY, and its board members; Sandra Opinion Calfbossribs; Neva Running Wolf; Kelly Edwards; Ursula Spotted Bear; Melvin Martinez, Secretary; Department of Housing and Urban Development, United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2006.

Attorney(s) appearing for the Case

Jeff Simkovic, (argued and briefed), Billings, MT, Thomas E. Towe, (briefed), Towe, Ball, Enright, Mackey & Sommerfeld, Billings, MT, and Mary Ann Sutton (argued and briefed), Missoula, MT, for the plaintiffs-appellants.

Timothy J. Cavan, Assistant United States Attorney, Department of HUD, Billings, MT, Stephen A. Doherty for Blackfeet Housing, Great Falls, MT, and Harold J. Rennett for Government, Washington, D.C., for the defendants-appellees.

Before: PREGERSON, GRABER, and GOULD, Circuit Judges.

PREGERSON, Circuit Judge:

Plaintiffs represent members of the Blackfeet Indian tribe who purchased or leased homes built under the auspices of the Department of Housing and Urban Development ("HUD") Mutual Help and Homeownership Program ("MHHO Program"). Plaintiffs' homes were built with wood foundations, using wood pressure-treated with arsenic and other toxic chemicals. Plaintiffs allege that this use of wood foundations caused their homes to deteriorate, and that...

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