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YELLOWSTONE COUNTY v. PEASE

No. 95-36026.

96 F.3d 1169 (1996)

YELLOWSTONE COUNTY, a political subdivision of the State of Montana, Plaintiff-Appellee, v. Carl PEASE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1996.

Attorney(s) appearing for the Case

D. Michael Eakin, Montana Legal Services, Billings, MT, for defendant-appellant.

Harley R. Harris, Assistant Attorney General, Helena, MT, for plaintiff-appellee.

Dale T. White, Fredericks, Pelcyger, Hester & White, Boulder, CO, for amicus Crow Tribe.

Before: WRIGHT, BEEZER and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an Indian tribal court has subject matter jurisdiction to entertain an action challenging a county's right to impose property taxes on reservation land held in fee by a member of the tribe.

I

Carl Pease, a member of the Crow Tribe of Indians ("the Tribe") in Montana, appeals from the district court's summary judgment for Yellowstone County (the "County") in the County's action seeking a declaratory...

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