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CHICKASAW NATION v. UNITED STATES

No. 99-7042.

208 F.3d 871 (2000)

The CHICKASAW NATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 5, 2000.

Attorney(s) appearing for the Case

Graydon Dean Luthey, Jr., of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, Oklahoma, (Bob W. Rabon, of Rabon, Rabon & Wolf, Hugo, Oklahoma, with him on the briefs), for the appellant.

Charles F. Marshall, Tax Division, Department of Justice, Washington, D.C., (Ann B. Durney and Michelle B. O'Connor on the brief), for the appellee.

Before BRISCOE, ANDERSON, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

The Chickasaw Nation (Nation) appeals from the district court's entry of judgment in favor of defendant United States on the Nation's claim for a refund of federal wagering and occupational excise taxes. The Nation alleges that these taxes were unlawfully assessed against its pull-tab gaming activities pursuant to 26 U.S.C. §§ 4401 and 4411. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

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