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NORTHERN ARAPAHO TRIBE v. BECERRA

No. 21-8046.

61 F.4th 810 (2023)

NORTHERN ARAPAHO TRIBE, Plaintiff-Appellant, v. Xavier BECERRA, in his official capacity as Acting Secretary, U.S. Department of Health and Human Services; Elizabeth Fowler, in her official capacity as Acting Director, Indian Health Service; United States of America, Defendants-Appellees. Native American Tribes; Tribal Organizations; Indian Health Boards; the National Congress of American Indians, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED March 6, 2023.

Attorney(s) appearing for the Case

Geoffrey D. Strommer of Hobbs, Straus, Dean & Walker, LLP, Portland, Oregon ( Stephen D. Osborne and Caroline P. Mayhew of Hobbs, Straus, Dean & Walker, LLP, Portland, Oregon; Lucas Buckley of Hathaway & Kunz, LLP, Cheyenne, Wyoming, with him on the briefs), for Plaintiff-Appellant.

John S. Koppel , Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C. ( Brian M. Boynton , Acting Assistant Attorney General, L. Robert Murray , Acting United States Attorney, and Daniel Tenny , Attorney, Civil Division, Department of Justice, Washington, D.C., with him on the brief), for Defendants-Appellees.

Before MORITZ, BALDOCK, and EID, Circuit Judges.

The Northern Arapaho Tribe and the Indian Health Service (IHS) entered into a contract under the Indian Self-Determination and Education Assistance Act, 25 U.S.C. §§ 5301-5423 (Self-Determination Act), for the Tribe to operate a federal healthcare program. Under the contract, the Tribe provides healthcare services...

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