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YANKTON SIOUX TRIBE v. U.S. DEPT. OF HLTH. & HUM.

Civ. No. 94-4073.

869 F.Supp. 760 (1994)

YANKTON SIOUX TRIBE and Joyce Golus, Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and the United States Indian Health Service, et al., Defendants.

United States District Court, D. South Dakota, Southern Division.

May 5, 1994.

Attorney(s) appearing for the Case

Charles T. Abourezk, James G. Abourezk, Abourezk Law Offices, Rapid City, SD, for plaintiffs.

Craig P. Gaumer, U.S. Attorney's Office, Sioux Falls, SD, for defendants.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Plaintiffs challenge decisions of the Indian Health Service (IHS) to discontinue inpatient and emergency medical services for members of the Yankton Sioux Tribe at the Wagner IHS Health Care Facility. Plaintiffs seek judicial review of these agency decisions under the Administrative Procedures Act (APA), 5 U.S.C. § 702. They also assert Fifth Amendment due process and equal protection claims.

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