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SWINOMISH INDIAN TRIBAL COMMUNITY v. BECERRA

No. 19-5299.

993 F.3d 917 (2021)

SWINOMISH INDIAN TRIBAL COMMUNITY, Appellant v. Xavier BECERRA, in His Official Capacity as Secretary, U.S. Department of Health & Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 2021.

Attorney(s) appearing for the Case

Paul E. Frye , Albuquerque, NM, argued the cause for appellant. With him on the briefs were Rachel A. Sage , Stephen T. LeCuyer , Shiprock, NM, Steven D. Gordon , and Philip Baker-Shenk , Washington, DC.

Lloyd B. Miller , Anchorage, AK, Donald J. Simon , Washington, DC, Rebecca A. Patterson , Anchorage, AK, and Whitney A. Leonard , Washington, DC, were on the brief for amici curiae 19 Native American Tribes and Tribal Organizations and the National Congress of American Indians in support of appellant.

John S. Koppel , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Daniel Tenny , Attorney.

Before: Katsas, Rao and Walker, Circuit Judges.

Indian Health Service agreed to pay the Swinomish Indian Tribal Community to run a health program on the Swinomish Reservation. In this case, Swinomish says Indian Health Service shortchanged it.

The district court disagreed. So do we.

I.

A.

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