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BITSILLY v. BUREAU OF INDIAN AFFAIRS

No. CIV 99-1390 LH/RLP.

253 F.Supp.2d 1257 (2003)

Ashley BITSILLY, by and through her mother and sole guardian, Tracy DENET-YAZZIE; and Larry Barnell, by and through his mother and sole guardian, Loretta Yazzie, Plaintiffs, v. BUREAU OF INDIAN AFFAIRS; James H. McDivvitt, in his official capacity as Assistant Secretary of the Bureau of Indian Affairs; United States Department of the Interior; and Gale Norton, in her official capacity as Secretary of the United States Department of the Interior, Defendants.

United States District Court, D. New Mexico.

March 17, 2003.

Attorney(s) appearing for the Case

Therese Yanan, DNA-People's Legal Services, Inc., Shiprock, NM, Debra Poulin, Santa Fe, NM, Linda Vanzi, Albuquerque, NM, for Plaintiffs.

Robert D. McCallum, Jr., Assistant Attorney General, Thomas Millet, Peter Robbins, United States Department of Justice, Civil Division, Washington, DC, David C. Iglesias, United States Attorney, Raymond Hamilton, Assistant United States Attorney, Dori E. Richards, Special Assistant United States Attorney, United States Department of the Interior, Regional Solicitor's Office, Albuquerque, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

HANSEN, District Judge.

THIS MATTER comes before the Court on Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and Corrected Motion to Dismiss Plaintiffs' First Amended Complaint (Docket Nos. 118 and 124), filed July 5, 2002 and July 23, 2002, respectively. The Court, having considered the briefs submitted by the parties, and otherwise being fully advised, finds that Defendants' motion is well-taken...

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