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SHOSHONE-BANNOCK TRIBES OF FORT HALL RESERVATION v. SHALALA

No. CV-96-459-ST.

988 F.Supp. 1306 (1997)

SHOSHONE-BANNOCK TRIBES OF THE FORT HALL RESERVATION, Plaintiff, v. Donna E. SHALALA, Secretary of the United States Health and Human Services; Michael H. Turjillo, Director of the Indian Health Service, United States Department of Health and Human Services; Douglas Black, Director of Office of Tribal Activities, Indian Health Service; James R. Floyd, Portland Area Director, Indian Health Service, United States Department of Health and Human Services, Defendants.

United States District Court, D. Oregon.

December 12, 1997.

Attorney(s) appearing for the Case

Lori Irish Bauman, Ater Wynne Hewitt Dodson & Skerritt, Portland, OR, Lloyd Benton Miller, James E Glaze, Sonosky Chambers Sachse Miller & Munson, P.C., Anchorage, AK, for Shoshone-Bannock Tribes of the Fort Hall Reservation.

Kristine Olson, U.S. Atty.'s Office, Portland, OR, Daniel Bensing, U.S. Dept. of Justice, Civil Div., Washington, DC, Sheila M Lieber, U.S. Dept. of Justice, Civil Div.-Fed. Prog. Branch, Washington, DC, for Secretary Department of Health and Human Services.

Kristine Olson, U.S. Atty.'s Office, Portland, OR, Daniel Bensing, U.S. Dept. of Justice, Civil Div., Washington, DC, Sheila M Lieber, U.S. Dept. of Justice, Civil Div.-Fed. Prog. Branch, Washington, DC, Eric Mahr, U.S. Dept. of Justice, Washington, DC, Sheila M Lieber, Washington, DC, for Indian Health Services.

Kristine Olson, U.S. Atty.'s Office, Portland, OR, Daniel Bensing, U.S. Dept. of Justice, Civil Div., Washington, DC, for Michael H Trujillo.

OPINION

STEWART, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff, Shoshone-Bannock Tribes of the Fort Hall Reservation ("Shoshone-Bannock Tribes"), is a federally recognized "tribal organization" under the Indian Self-Determination and Education Assistance Act, as amended, 25 U.S.C. §§ 450a-450n ("ISDEA"), with tribal headquarters located in Fort Hall, Idaho. The Complaint contains ten claims for relief for...

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