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CONFED. SALISH & KOOTENAI TRIBES v. STATE OF MONT., DEPARTMENT OF REVENUE

Civ. No. 74-40-M.

392 F.Supp. 1325 (1975)

The CONFEDERATED SALISH AND KOOTENAI TRIBES OF the FLATHEAD RESERVATION, MONTANA, et al., Plaintiffs, v. The STATE OF MONTANA, DEPARTMENT OF REVENUE, et al., Defendants.

United States District Court, D. Montana, Missoula Division.

March 19, 1975.

Attorney(s) appearing for the Case

Richard A. Baenen of Wilkinson, Cragun & Barker, Washington, D. C., and Victor F. Valgenti, Missoula, Mont., for plaintiffs.

Robert L. Woodahl, Atty. Gen., Thomas J. Beers and William N. Jensen, Asst. Attys. Gen., Helena, Mont., Jean A. Turnage, Sp. Asst. Atty. Gen., Polson, Mont., and Sam E. Haddon, Sp. Asst. Atty. Gen., Missoula, Mont., for defendant State of Mont.

R. Bruce McGinnis, Tax Counsel, Dept. of Revenue and Terry B. Cosgrove, Tax Counsel, Helena, Mont., for defendant Dept. of Revenue.

Richard P. Heinz, Lake County Atty., and Ted O. Lympus, Asst. County Atty., Polson, Mont., for defendants Burley, Meyers, Corrigan and Knaus.

Alex Morrison, Sanders County Atty., Thompson Falls, Mont., for defendants De Long, Stearns, Kraus and Thayer.

Robert L. Deschamps, III, Missoula County Atty., and Harold V. Dye, Asst. County Atty., Missoula, Mont., for defendants Stoutenburg, Ostergren, Browman and Cahill.

Before BROWNING, Circuit Judge, and SMITH and JAMESON, District Judges.

ORDER and OPINION

PER CURIAM:

The Confederated Salish and Kootenai Tribes of the Flathead Reservation and four enrolled members of the Tribes suing on behalf of themselves and all other members of the Tribes seek a judgment (1) declaring unconstitutional the enforcement against plaintiffs of the provisions of Title 53, Rev.Mont.Code, §§ 114, 1025-1029, and Title 84, Rev. Mont.Code, §§ 201...

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