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UTE INDIAN TRIBE v. STATE TAX COM'N, ETC.

No. 76-1602.

574 F.2d 1007 (1978)

The UTE INDIAN TRIBE, Appellee, v. STATE TAX COMMISSION OF the STATE OF UTAH, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 17, 1978.

Rehearing Denied June 2, 1978.

Attorney(s) appearing for the Case

Tom D. Tobin, Sp. Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., G. Blaine Davis, H. Wright Volker, Michael L. Deamer, Asst. Attys. Gen., with him on the brief), for appellant.

F. Burton Howard, Salt Lake City, Utah (Scott C. Pugsley of Boyden, Kennedy, Romney & Howard, Salt Lake City, Utah, with him on the brief), for appellee.

Before SETH, Chief Judge, DOYLE, Circuit Judge, and STANLEY, Senior District Judge.

SETH, Chief Judge.

This is an action brought by the Ute Indian Tribe against the State Tax Commission of the State of Utah for injunctive relief and for a declaratory judgment that the State of Utah sales taxes could not be levied or collected on sales of personal property made by a tribal enterprise within the boundaries of the Uintah and Ouray Reservation. The complaint also seeks the return of funds theretofore collected by the Tribe on such sales, and remitted...

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