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U.S. EX REL. NORTON SOUND HEALTH v. BERING STRAIT SCHOOL DIST.

No. 96-35827.

138 F.3d 1281 (1998)

UNITED STATES of America ex rel. NORTON SOUND HEALTH CORPORATION, Plaintiffs-Appellants, v. BERING STRAIT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1998.

Attorney(s) appearing for the Case

Edward Himmelfarb, Washington, DC, for plaintiff-appellant.

Saul Friedman, Anchorage, Alaska, for defendant-appellee.

Before: FLETCHER and O'SCANNLAIN, Circuit Judges, and SCHWARZER, Senior District Judge.

Opinion by Judge SCHWARZER; Dissent by Judge O'SCANNLAIN.

SCHWARZER, Senior District Judge:

We must decide whether the Bering Strait School District (the "District"), a local school district created under Alaska law, is a "State" within the meaning of the Indian Health Care Improvement Act, 25 U.S.C. § 1621e (the "Act"), for the purpose of qualifying for the exemption from having to make reimbursement to the federal government for health services provided...

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