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MUSCOGEE (CREEK) NATION v. HENRY

Case No. CIV-10-019-JHP.

867 F.Supp.2d 1197 (2010)

MUSCOGEE (CREEK) NATION, a federally-recognized Tribe, Plaintiff, v. Brad HENRY, Governor of the State of Oklahoma; W.A. "Drew" Edmondson, Attorney General of the State of Oklahoma; The Oklahoma Tax Commission; Thomas Kemp, Jr. Chairman of the Tax Commission; Jerry Johnson, Vice-Chairman of the Tax Commission, and Constance Irby, Secretary of the Tax Commission, Defendants.

United States District Court, E.D. Oklahoma.

December 30, 2010.

Attorney(s) appearing for the Case

Conly J. Schulte, Joseph V. Messineo, Fredericks Peebles & Morgan, Omaha, NE, A. Robert Rhoan, Fredericks Peebles & Morgan, Sacramento, CA, Gregory D. Nellis, Michael A. Simpson, Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, Tulsa, OK, Roger F. Wiley, Muscogee (Creek) Nation, Okmulgee, OK, for Plaintiff.

Edward Clyde Kirk, Office of the Attorney General, Larry D. Patton, Oklahoma Tax Commission-Legal, Oklahoma City, OK, Leisa Gebetsberger, Oklahoma Tax Commission, Tulsa, OK, for Defendants.

ORDER

JAMES H. PAYNE, District Judge.

Now before the Court is the Motion to Dismiss filed on behalf of the Oklahoma Tax Commission and its members [Doc. 35], and the Motion to Dismiss filed on behalf of Attorney General Edmondson [Doc. 36]. The instant case, commenced by the Muscogee (Creek) Nation, a federally-recognized Indian Tribe ("the Nation"), concerns the Nation's sale of cigarettes and tobacco products. The Nation challenges Oklahoma Tax...

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