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WINNEBAGO TRIBE OF NEBRASKA v. STOVALL

No. 02-4070-DES.

205 F.Supp.2d 1217 (2002)

WINNEBAGO TRIBE OF NEBRASKA; Sac and Fox Nation of Missouri in Kansas and Nebraska; Iowa Tribe of Kansas and Nebraska; Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas; HCI Distribution; John Blackhawk, Chairman of the Winnebago Tribe of Nebraska; Lance Morgan; Erin Morgan; and Earlene Hradec, Plaintiffs, v. Carla J. STOVALL, Attorney General for the State of Kansas; Stephen S. Richards, Secretary of the Kansas Department of Revenue; Steven Maxwell, Assistant Attorney General for the State of Kansas; Jeffrey Lochow, Director of Tax Operations; Jeffrey D. Scott, Designee of the Director of Taxation, Kansas Director of Revenue, Defendants.

United States District Court, D. Kansas.

May 17, 2002.

Attorney(s) appearing for the Case

Evelyn Z. Wilson, Thomas E. Wright, Kevin James Grauberger, Wright, Henson, Somers, Sebelius, Clark & Baker, LLP, Topeka, KS, Bernle C. Durocher, Jr., Mary Johanna Streitz, Dorsey & Whitney, LLP, Minneapolis, MN, for Winnebago Tribe of Nebraska, John Blackhawk, Lance Morgan, Erin Morgan, Earlene Hradec.

Charley L. Laman, Topeka, KS, Thomas Weathers, Alexander & Karshmer, Berkeley, CA, for SAC and Fox Nation of Missouri.

Mark S. Gunnison, Payne & Jones, Chtd., Overland Park, KS, for Iowa Tribe of Indians of the Kickapoo Reservation in Kansas.

Brian R. Johnson, Office of Atty. General, Topeka, KS, John Michael Hale, Kansas Dept. of Revenue Bureau of Legal Services, Topeka, KS, for Cara J. Stovall.

Joseph Brian Cox, Jay Douglas Befort, Kansas Dept. of Revenue, Topeka, KS, for Stephen S. Richards.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on Plaintiffs' Motion for a Temporary Restraining Order (Doc. 4). Defendants have filed a Response to plaintiffs' motion (Doc. 19). Additionally, oral arguments were heard on this matter on May 15, 2002. The court has carefully reviewed the parties' arguments and is now prepared to rule.

I. BACKGROUND

This litigation stems from defendants' attempt to enforce...

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