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FORT McDERMITT PAIUTE & SHOSHONE TRIBE v. BECERRA

No. 19-5336.

6 F.4th 6 (2021)

FORT McDERMITT PAIUTE AND SHOSHONE TRIBE, Appellee, v. Xavier BECERRA, Secretary of Health & Human Services, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 2021.

Attorney(s) appearing for the Case

Joshua Dos Santos , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Ethan P. Davis , Acting Assistant Attorney General when the briefs were filed, and Daniel Tenny , Attorney.

Rebecca A. Patterson , Anchorage, AK, argued the cause for appellee. With her on the brief were Colin C. Hampson , San Diego, CA, and Whitney A. Leonard . Washington, DC.

Before: Tatel, Millett and Katsas, Circuit Judges.

The Fort McDermitt Paiute and Shoshone Tribe assumed sole control of a medical clinic that the Indian Health Service previously had operated to benefit two different tribes. In determining the clinic's funding, the agency withheld the amount that it had budgeted as benefitting members of the second tribe. The agency also withheld...

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