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HOWE v. ELLENBECKER

Civ. No. 90-3007.

796 F.Supp. 1276 (1992)

Velda HOWE, Theresa Taken Alive, on behalf of themselves, their children and all others similarly situated, Plaintiffs, v. James ELLENBECKER, in his capacity as Secretary of the South Dakota Department of Social Services, Terry Walter, in his capacity as Program Administrator, South Dakota Office of Child Support Enforcement, and Louis Sullivan, in his capacity as Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, D. South Dakota, C.D.

August 11, 1992.

Attorney(s) appearing for the Case

Krista Clark, Dakota Plains Legal Services, Mission, S.D. and B.J. Jones, Dakota Plains Legal Services, Fort Yates, N.D. for plaintiffs.

Mark L. Bratt, Asst. Atty. Gen. and David L. Braun, Sp. Asst. Atty. Gen., Office of Legal Services/Dept. of Social Services, Pierre, S.D., for James Ellenbecker.

David L. Zuercher, Asst. U.S. Atty., Pierre, S.D. and Lucille Meis, Office of Chief Counsel, Health and Human Services, Denver, Colo., for federal defendant.

MEMORANDUM ORDER

DONALD J. PORTER, Senior District Judge.

The federal defendant in the abovecaptioned case has filed a Motion for Reconsideration and Request for Stay Pending Reconsideration. Federal defendant strongly opposes this Court's order filed March 27, 1992, in which the Department of Health and Human Services (HHS) was ordered to negotiate directly with the nine tribes located in South Dakota and to propose to them the possibility of implementing...

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