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Judge dismisses suit over Cherokee IHS takeover
Tuesday, June 2, 2009
Filed Under: Health | Law


A federal judge dismissed a lawsuit that aimed to stop the Indian Health Service from transferring control of the W.W. Hastings Indian Hospital to the Cherokee Nation of Oklahoma.

The United Keetoowah Band of Cherokees Indians said it wasn't consulted about the decision. The Cherokee Nation took control of the hospital last October.

Judge James H. Payne did not rule on the merits of the claim. Instead, he ruled that the lawsuit couldn't proceed without the Cherokee Nation as a party, but since the tribe hasn't waived its sovereign immunity, it can't be joined without consent.

The Cherokee Nation plans to expand the hospital.

Get the Story:
United Keetoowah Claim against IHS Dismissed on Rule 19 Grounds (Turtle Talk 6/2)

Related Stories:
Cherokee council fails to override health veto (10/15)
Cherokee Nation takes over hospital from IHS (10/02)
United Keetoowah Band sues to block IHS turnover (10/1)
Cherokee chief vetoes health expansion measure (9/24)
Cherokee Nation Council passes health care plan (09/18)
Cherokee Nation set for takeover of IHS hospital (8/29)
Cherokee Nation has big plans for IHS takeover (7/29)
Questions over Cherokee Nation IHS takeover (4/24)
Cherokee Nation to manage IHS hospital (4/16)
Editorial: Keep Oklahoma hospital in hands of IHS (1/18)
Cherokee Nation ridicules UKB bid for IHS contract (1/17)
Oklahoma tribes compete for IHS contract (1/16)



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