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MATHESON v. GREGOIRE

No. 35067-0-II.

161 P.3d 486 (2007)

Paul M. MATHESON, Appellant, v. Christine GREGOIRE, Governor of the State of Washington; Cindi Yates, Director; Gary O'Neil, Assistant Director, Washington State Department of Revenue; Washington State Department of Revenue; M. Carter Mitchell, Tobacco Tax Control Enforcement Program Manager; Washington State Liquor Control Board; State of Washington; Chad R. Wright, Cigarette Compact Department Administrator, Puyallup Tribe of Indians; and The Puyallup Tribe of Indians, Respondents.

Court of Appeals of Washington, Division 2.

July 10, 2007.

Attorney(s) appearing for the Case

Robert Eugene Kovacevich, Robert E. Kovacevich PLLC, Spokane, WA, for Appellant.

Heidi A. Irvin, David M. Hankins, Atty. Generals Office/Revenue Div., Olympia, WA, John Howard Bell, Puyallup Indian Tribe, Tacoma, WA, for Respondents.

PENOYAR, J.

¶ 1 The Puyallup Tribe (the Tribe) and the Washington Department of Revenue (the State) entered into an Agreement (the Agreement) regulating imposition of taxes on cigarette sales in Indian country.1 Paul Matheson, a tribal member and cigarette retailer, sued both the State and the Tribe, alleging that the Agreement was illegal on several grounds. The trial court dismissed the Tribe as a defendant due to its sovereign...

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