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CONFEDERATED SALISH & KOOTENAI TRIBES, MONT. v. MOE

Civ. No. 2145.

392 F.Supp. 1297 (1975)

The CONFEDERATED SALISH AND KOOTENAI TRIBES OF the FLATHEAD RESERVATION, MONTANA ("TRIBES"), et al., Plaintiffs, v. John C. MOE, Individually and in his official capacity as sheriff IN AND FOR the COUNTY OF MISSOULA, MONTANA, et al., Defendants.

United States District Court, D. Montana, Missoula Division.

Supplemental Order and Opinion February 4, 1975.

Attorney(s) appearing for the Case

Wilkinson, Cragun & Barker and Richard A. Baenen, Washington, D. C. and Victor F. Valgenti, Missoula, Mont., for plaintiffs.

Robert L. Deschamps, III, County Atty., and Harold V. Dye, Asst. County Atty., Missoula, Mont., for John C. Moe.

Robert L. Woodahl, Atty. Gen., and Dennis E. Lind, Thomas J. Beers and William N. Jensen, Asst. Attys. Gen., for the State of Montana, Helena, Mont., who also represented the State of Montana.

Sam E. Haddon, Spec. Asst. Atty., for defendants.

Richard P. Heinz and Jean A. Turnage, Polson, Mont., for William A. Phillips.

Terry B. Cosgrove and R. Bruce McGinnis, Tax Counsel, Helena, Mont., for Dept. of Revenue.

Alex C. Morrison, Sanders County Atty., Thompson Falls, Mont., for defendant.

Before BROWNING, Circuit Judge, and SMITH and JAMESON, District Judges.

ORDER AND OPINION

PER CURIAM:

This is an action by the Confederated Salish and Kootenai Tribes of the Flathead Reservation and three enrolled members of the Tribes, suing on behalf of themselves and all other members of the Tribes, "seeking to declare unconstitutional the enforcement against plaintiffs of Title 84, Rev.Mont.Code §§ 5606 et seq., the Montana cigarette sales tax and dealer licensing statutes" and for an injunction restraining the...

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