ARCTIC SLOPE NATIVE ASSOCIATION, LTD., Appellant,
v.
Kathleen SEBELIUS, Secretary of Health and Human Services, Appellee.
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, Appellant,
v.
Kathleen Sebelius, Secretary of Health and Human Services, Appellee.
Metlakatla Indian Community, Appellant,
v.
Kathleen Sebelius, Secretary of Health and Human Services, Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
September 29, 2009.
September 29, 2009.
Attorney(s) appearing for the Case
Lloyd B. Miller, Sonosky, Chambers, Sachse, Miller & Munson, LLP, of Anchorage, Alaska, argued for appellant in 2008-1532. With him on the brief were Hilary V. Martin; and Donald J. Simon and Arthur Lazarus, Jr., of Washington, DC.
Geoffrey D. Strommer, Hobbs, Straus, Dean & Walker, LLP, of Portland, Oregon, argued for all appellants in 2008-1607, 2009-1004. With him on the brief were Stephen D. Osborne; and Marsha K. Schmidt, of Washington, DC.
Robert E. Chandler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief for 2008-1607, 2009-1004 were Jay Furtick, Assistant Regional Counsel, and Melissa Jamison, Senior Attorney, Office of the General Counsel, United States Department of Health and Human Services, of Washington, DC.
Michael P. Gross, M.P. Gross Law Firm, P.C., of Santa Fe, New Mexico, for amicus curiae National Congress of American Indians. Of counsel on the brief was Daniel H. MacMeekin, of Washington, DC.
Before MAYER, LOURIE, and BRYSON, Circuit Judges.
United States Court of Appeals, Federal Circuit.
BRYSON, Circuit Judge.
The appellants in these three appeals are Indian tribes and tribal organizations that provide health care services to their members under contracts with the Indian Health Service ("IHS"). The contracts were entered into pursuant to the Indian Self-Determination and Education Assistance Act ("ISDA"), 25 U.S.C. §§ 450-450n. The Civilian Board of Contract Appeals dismissed several of the appellants' contract claims against the IHS on...
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