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McNABB FOR McNABB v. HECKLER

No. CV-83-051-GF.

628 F.Supp. 544 (1986)

Pamela Keller McNABB, as Guardian Ad Litem for James McNABB, a minor person, Plaintiff, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, her agents, employees and successors; Everett R. Rhodes, M.D., Director of Indian Health Service; the United States Department of Health and Human Services; and the United States Government, and J.T. Brownlee, as Director of Roosevelt County Department of Public Welfare, his agents, employees and successors; the Roosevelt County Department of Public Welfare; James Halvorson, Al Harvey, and Al Kashubein, as County Commissioners of Roosevelt County; the Roosevelt County Board of Commissioners; and Roosevelt County, Defendants.

United States District Court, D. Montana, Great Falls Division.

January 27, 1986.

Attorney(s) appearing for the Case

Steven L. Bunch, Montana Legal Services, Helena, Mont., for plaintiff.

Carl E. Rostad, Asst. U.S. Atty., Great Falls, Mont., James McCann, Co. Atty., Roosevelt County, Wolf Point, Mont., for defendants.

Richard A. Weber, Jr., Hamilton, Mont., Dave Rice, Havre, Mont., for amicus curiae.

HATFIELD, District Judge.

On December 4, 1981, Pamela Keller McNabb, the non-Indian, common law wife of Raymond McNabb, a Chippewa-Cree Indian, gave birth to James McNabb. At the time of James' birth, which was eight weeks premature, and at the time this action was filed, Pamela and Raymond McNabb resided on the Fort Peck Indian Reservation. Pamela McNabb has applied with both the Indian Health Service ("IHS") and Roosevelt...

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