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TONASKET v. SARGENT

No. CV-11-073-LRS.

830 F.Supp.2d 1078 (2011)

Terry TONASKET, dba Stogie Shop; and David T. Miller, an individual, Plaintiffs, v. Tom SARGENT, Tobacco Tax Administrator, and the Colville Business Council; Michael O. Finley, Chairman; Harvey Moses Jr.; Sylvia Peasley; Brian Nissen; Susie Allen; Cherie Moomaw; John Stensgar; Andrew Joseph; Virgil Seymour Sr., Mike Marchard; Ernie Williams; Doug Seymour; Shirley Charley; Ricky Gabriel; and the Colville Confederated Tribes of the Colville Indian Reservation, a federally recognized Indian Tribe, Defendants.

United States District Court, E.D. Washington.

November 10, 2011.

Attorney(s) appearing for the Case

Robert Eugene Kovacevich, Robert E. Kovacevich PS, Spokane, WA, for Plaintiffs.

Richard M. Berley, Brian Cammiade Gruber, Joshua Osborne-Klein, Ziontz Chestnut Varnell Berley & Slonim, Seattle, WA, for Defendants.

ORDER RE: MOTION TO DISMISS AMENDED COMPLAINT

LONNY R. SUKO, District Judge.

BEFORE THE COURT is Defendants' Motion To Dismiss Amended Complaint (ECF No. 45). This motion was heard with oral argument on October 13, 2011. Robert Kovacevich argued for Plaintiffs. Richard Berley, Brian Gruber, Joshua Osborne-Klein argued for Defendants. At the close of the hearing, the Court placed the motion under advisement.

I. BACKGROUND

Defendants contend...

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