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MESCALERO APACHE TRIBE v. RHOADES

Civ. No. 89-0401 JP.

755 F.Supp. 1484 (1990)

MESCALERO APACHE TRIBE, on its own behalf and on behalf of the Individual Members of the Mescalero Apache Tribe, and Lewis LaPaz, Plaintiffs, v. Everett RHOADES, Director Indian Health Services, Josephine T. Waconda, Area Director of Albuquerque Indian Health Services, Department of Health and Human Services, and The United States of America, Defendants.

United States District Court, D. New Mexico.

December 7, 1990.

Attorney(s) appearing for the Case

George E. Fettinger, Fettinger & Bloom, Alamogordo, N.M., for plaintiffs.

Marilyn S. Page, U.S. Attorney's Office, Albuquerque, N.M., for defendants.

MEMORANDUM OPINION AND ORDER

PARKER, District Judge.

The subject of this memorandum opinion and order is "Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment" filed June 5, 1989. After reviewing the memoranda submitted by the parties in conjunction with the motion, and after consulting the applicable authorities, I conclude that defendants' motion should be denied.

I. Background

Plaintiff Lewis LaPaz ("LaPaz...

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