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YAKAMA INDIAN NATION v. WASH. DEPT. OF REVENUE

No. 98-35068.

176 F.3d 1241 (1999)

YAKAMA INDIAN NATION, Plaintiff-Appellant, v. STATE OF WASHINGTON DEPARTMENT OF REVENUE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 1999.

Attorney(s) appearing for the Case

Leslie Weatherhead, Witherspoon, Davenport, Kelley & Toole, Spokane, Washington, for the plaintiff-appellant.

John Barnes, Assistant Attorney General, Olympia, Washington, for the defendant-appellee.

Before: PREGERSON and THOMPSON, Circuit Judges, and MOSKOWITZ, District Judge.

DAVID R. THOMPSON, Circuit Judge:

OVERVIEW

The Yakama Indian Nation ("the Nation") appeals the dismissal of its declaratory judgment and injunctive relief action against the State of Washington Department of Revenue ("the Department"). In that action, the Nation challenged, on the ground of sovereign immunity, the Department's seizure of unstamped packages of cigarettes owned by, and being transported to, the Nation...

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