NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.
Before SEYMOUR, BARRETT, and BALDOCK, Circuit Judges.
In consideration of the judgment of the United States Supreme Court in Lincoln v. Vigil, 113 S.Ct. 2024 (1993), we remand this case to the district court for further proceedings consistent with the Supreme Court's decision. For the purpose of clarification, we note that we did not previously address whether 5 U.S.C. Sec. 552(a)(1)(D) applied to the Indian Health Service's termination of the Indian Children's Program because the issue was neither raised nor addressed by the parties on appeal.
