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VIGIL v. RHOADES

Civ. No. 86-1182-JB.

746 F.Supp. 1471 (1990)

Grover VIGIL and Charlene Vigil as General Guardians and Next Friends for Ashley Vigil, a Minor Person, and Kee Sandoval and Judy Sandoval as General Guardians and Next Friends for Kristofferson Sandoval, a Minor Person, and Angela C. Allen, as General Guardian and Next Friend for Angelo Allen, a Minor Person, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiffs, v. Everett R. RHOADES, M.D., Director of the Indian Health Service, His Agents, Employees, and Successors, Otis R. Bowen, Secretary of the Department of Health and Human Services, His Agents, Employees, and Successors, the Department of Health and Human Services, Donald O. Hodel, Secretary of the Department of the Interior, His Agents, Employees, and Successors, Ross Swimmer, Assistant Secretary of the Interior-Indian Affairs, Bureau of Indian Affairs, United States Department of the Interior, His Agents, Employees, and Successors, the Department of the Interior, and the United States of America, Defendants.

United States District Court, D. New Mexico.

Supplemental Opinion August 28, 1990.

Attorney(s) appearing for the Case

Joel R. Jasperse, Helen Avalos, Gallup, N.M., for plaintiffs.

William L. Lutz, U.S. Atty., Ron F. Ross, Raymond Hamilton, Asst. U.S. Attys., Albuquerque, N.M., for defendants.

MEMORANDUM OPINION AND ORDER

BURCIAGA, Chief Judge.

THIS MATTER is before the Court on the Motion for Partial Summary Judgment filed December 30, 1987 by Plaintiffs, the Motion to Dismiss and in the Alternative for Summary Judgment Based on Lack of Jurisdiction filed December 30, 1987 by "federal" defendants and joined and supplemented February 3, 1988 by "interior" defendants, all responses thereto, and all replies to the responses. Having reviewed the...

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