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CLINCHER v. UNITED STATES, STATES OF MONTANA & ARIZONA

No. 25-73.

499 F.2d 1250 (1974)

Mercy N. CLINCHER et al. v. The UNITED STATES, STATES OF MONTANA AND ARIZONA, Third-Party Defendants.

United States Court of Claims.

As Amended on Rehearing and Rehearing Denied October 4, 1974.

Attorney(s) appearing for the Case

Marvin J. Sonosky, Washington, D. C., for plaintiffs. Richard A. Baenen, Washington, D. C., atty. of record for plaintiffs.

David W. Miller, Washington, D. C., with whom was Asst. Atty. Gen. Wallace H. Johnson, for defendant.

Robert W. Corcoran, Helena, Mont., with whom was Edward Jene Bell, Helena, Mont., of counsel, for the State of Montana.

James D. Winter, Phoenix, Ariz., with whom was Gary K. Nelson, Phoenix, Ariz., of counsel, for the State of Arizona.

Before SKELTON, NICHOLS and KASHIWA, Judges.

As Amended on Rehearing and Rehearing En Banc Denied October 4, 1974.

NICHOLS, Judge.

Plaintiffs are seven American Indians who are, or have been, United States employees on Indian reservations. Invoking McClanahan v. Arizona State Tax Comm., 411 U.S. 164, 93 S.Ct. 1257, 36 L.Ed.2d 129 (1973), they bring this suit to recover amounts withheld from their wages by the United States for state income taxes and paid over to either...

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