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SMITH v. LUJAN

No. CIV 90-230 PCT RCB.

780 F.Supp. 1275 (1991)

Mary Ann SMITH, Plaintiff, v. Manuel LUJAN, as U.S. Secretary of the Interior, and the School Boards for the B.I.A. Boarding Schools at Tuba City, Arizona, and Lukachukai, Arizona, Defendants.

United States District Court, D. Arizona.

August 19, 1991.

Attorney(s) appearing for the Case

Richard M. Grimsrud, Flagstaff, Ariz., for plaintiff Mary Ann Smith.

James C. Hair, Jr., Asst. U.S. Atty., Phoenix, Ariz., for defendant Manuel Lujan.

C. Benson Hufford, Hufford, Horstman, McCullough & Mongini, P.C., Flagstaff, Ariz., for defendants School Boards for B.I.A. Boarding Schools at Tuba City, Ariz., and Lukachukai, Ariz.

ORDER

BROOMFIELD, District Judge.

Plaintiff moved for summary judgment. Defendants, Secretary Lujan, the Tuba City School Board and the Lukachukai School Board cross-moved for summary judgment. The court heard oral argument on June 24, 1991 and now rules.

I. FACTS

Plaintiff, Mary Ann Smith, is a female member of the Navajo Tribe. She was employed by the Office of Indian Education ("OIE"), Bureau of Indian Affairs ("BIA"), United States...

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